HomeMy WebLinkAbout05/20/2004 AGENDA BACKUPCentral Contra Costa Sank..ry District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 20, 2004 No.: 3.a. H EAR I NGS
Type of Action: CONDUCT A PUBLIC HEARING, APPROVE CIB /CIP
Subject: CONDUCT A PUBLIC HEARING ON THE DRAFT CAPITAL IMPROVEMENT
BUDGET (CIB) FOR 2004 -05 AND THE DRAFT 2004 TEN -YEAR CAPITAL
IMPROVEMENT PLAN (CIP), APPROVE THE 2004 CIP, AND APPROVE THE CIB
FOR INCLUSION IN THE 2004 -05 DISTRICT BUDGET
Submitted By: Initiating Dept./Div.:
John Mercurio, Management Analyst Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTT :
4tl M urio R. S idt C. Swanson A. Farrell arles W. Batts /
General Manag r
ISSUE: The Board of Directors has established May 20, 2004, as the date for a public
hearing on the draft CIB for 2004 -05 and the 2004 Ten -Year CIP. Separate Board
approval of the CIP and the CIB for inclusion in the 2004 -05 District Budget is
requested.
RECOMMENDATION: Conduct a public hearing to receive comments on the CIB /CIP.
Approve the draft 2004 CIP. Approve the draft CIB for inclusion in the 2004 -05 District
Budget.
FINANCIAL IMPACTS: Approval of the draft FY 2004 -05 CIB and 2004 CIP is a
necessary step prior to Board adoption. Approval will include an additional
authorization of $20,754,000 from the Sewer Construction Fund, resulting in a total
Fiscal Year 2004 -05 Board authorized funding level of $41,976,000. This will allow
expenditures to continue on the District's Capital Improvement Program.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: The CIP provides the basis for project prioritizing and scheduling,
staffing, and long -range financial planning. The CIP also provides the framework for
analyzing different capital program funding scenarios. The draft 2004 CIP covers the
ten -year period from 2004 -05 through 2013 -14. The draft plan includes expenditures
totaling $239.1 million (2004 dollars) over ten years.
U: \Position Papers \Mercurio \CIP -CIB Hearing (04).doc Page 1 of 4
POSITION PAPER
Board Meeting Date: May 20, 2004
subject: CONDUCT A PUBLIC HEARING ON THE DRAFT CAPITAL IMPROVEMENT
BUDGET (CIB) FOR 2004 -05 AND THE DRAFT 2004 TEN -YEAR CAPITAL
IMPROVEMENT PLAN (CIP), APPROVE THE 2004 CIP, AND APPROVE THE CIB
FOR INCLUSION IN THE 2004 -05 DISTRICT BUDGET
The CIB provides a detailed presentation of the schedules and cost estimates for
projects proposed for the first year of the ten -year planning period. It also provides for
the Board's authorization of funds for 2004 -05 from the Sewer Construction Fund to the
Treatment Plant, Collection System, General Improvements and Recycled Water
Programs.
A review draft CIB /CIP was submitted to the Board of Directors on April 15, 2004. A
Board Workshop to discuss the review draft was held on April 22, 2004. It is
appropriate for the Board to receive comments from the public prior to considering
approval of the CIB /CIP. May 20, 2004 was established by the Board as the date for a
public hearing to receive these comments, and appropriate notices have been posted
and published.
Capital Budget Authorization
Adoption of the CIB with the 2004 -05 District Budget will authorize additional funds from
the Sewer Construction Fund for planning, design, and construction of capital
improvement projects. The new funding authorization will include a carry-over of
approximately $21,222,000 from Board authorizations in previous years, and additional
authorization of $20,754,000 from the Sewer Construction Fund resulting in a total
Fiscal Year 2004 -05 authorized funding level of $41,976,000. Specific Board approval
is required for consultant agreements over $50,000, for award of construction contracts
over $15,000, and for project overruns in excess of 15 percent (15 %) of the final project
budget established at the time of construction contract award. The distribution of the
funding authorization to the four capital improvement programs is shown on
Attachment 1. The estimated expenditures for the capital program in FY 2004 -05 are
also shown in Attachment 1 and total $28,096,000.
Ten -Year Capital Plan
The draft 2004 CIP includes $60.1 million (2004 dollars) for Treatment Plant projects
(25% of total expenditures), $155.1 million for Collection System projects (65% of total
expenditures), $19.2 million for General Improvements projects (8% of total
expenditures), and $4.6 million for Recycled Water projects (2% of total expenditures)
over the next ten years. The expenditures recommended in the five -year Master Plan
for Information Technology have been incorporated in the General Improvements
Program in the draft 2004 CIP.
LIAPosition Papers \Mercurio \CIP -CIB Hearing (04).doc Page 2 of 4
POSITION PAPER
Board Meeting Date: May 20, 2004
subject: CONDUCT A PUBLIC HEARING ON THE DRAFT CAPITAL IMPROVEMENT
BUDGET (CIB) FOR 2004 -05 AND THE DRAFT 2004 TEN -YEAR CAPITAL
IMPROVEMENT PLAN (CIP), APPROVE THE 2004 CIP, AND APPROVE THE CIB
FOR INCLUSION IN THE 2004 -05 DISTRICT BUDGET
In order to accommodate the cash -flow needs resulting from the timing of required
expenditures versus the receipt of revenues, the Sewer Construction Fund has
historically been managed to have a prudent reserve of 75 percent of the following
year's anticipated project expenditures plus 100 percent of debt retirement service at
the end of each fiscal year (June 30). In the last five years, we have also evaluated the
balance needed in the Sewer Construction Fund to act in conjunction with the O & M
Fund balance to meet the cash flow needs of the District. A cash flow table is included
in the Ten -Year Capital Plan and indicates the revenue needed to support the ten -year
expenditures.
Staff has evaluated the CIB and CIP and concluded that they are exempt from the
California Environmental Quality Act (CEQA) under District CEQA Guidelines
Section 15262, since they are planning studies. Approval of the budget and plan will
establish the Board of Directors' independent finding that these documents are exempt
from CEQA.
RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on
the CIB and CIP. Approve the draft 2004 CIP. Approve the draft CIB for inclusion in
the 2004 -05 District Budget.
UAPosition Papers \Mercurio \CIP -CIB Hearing (04).doc Page 3 of 4
ATTACHMENT 1
CAPITAL IMPROVEMENT BUDGET SUMMARY
FY 2004 -05
'This number represents funds that have been authorized by the Board, allocated to projects by
the General Manager, but not spent during FY 2003 -04.
WPosition PapersWercurioUP -013 Hearing Attachment 1 (04).doc Page 4 of 4
CARRY -OVER
ADDITIONAL
TOTAL PROPOSED
ESTIMATED
PROGRAM
FROM
AUTHORIZATION
AUTHORIZATION
FY 2004 -05
FY 2003 -041
REQUESTED
EXPENDITURES
Treatment Plant
3,452,000
5,167,000
8,619,000
6,010,000
Collection
16,085,000
12,341,000
28,426,000
19,166,000
System
General
270,000
3,011,000
3,281,000
2,255,000
Improvements
Recycled Water
1,415,000
235,000
1,650,000
665,000
Total FY 2004 -05
21,222,000
20,754,000
41,976,000
28,096,000
'This number represents funds that have been authorized by the Board, allocated to projects by
the General Manager, but not spent during FY 2003 -04.
WPosition PapersWercurioUP -013 Hearing Attachment 1 (04).doc Page 4 of 4
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Central Contra Costa San.,ary District
vBOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 20, 2004 No.: 5.a. BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD
subject: AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MOUNTAIN
CASCADE, INC. FOR THE PLEASANT HILL ROAD EAST IMPROVEMENTS,
DISTRICT PROJECT 5553
Submitted By: Initiating Dept./Div.:
Alex Rozul, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
rR -
1 tA
A. Rozul i ecki W. Brennan
M-a
A. Farrell
General
ISSUE: On May 4, 2004, sealed bids were received and opened for construction of the
Pleasant Hill Road East Improvements Project, DP 5553. The Board of Directors must
authorize award of the contract or reject bids within 50 days of the bid opening.
RECOMMENDATION: Authorize award of a construction contract to Mountain
Cascade, Inc.
FINANCIAL IMPACTS: Approximately $2,090,000 including bid price, contingency,
construction management. Approximately $389,000 will be reimbursed by the City of
Martinez in accordance with the Joint Powers Agreement.
ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended.
BACKGROUND: The Collection System Master Plan Update of March 2000 identified
severely under - capacity sewers within the corridor from Christie Drive to Forrest Way,
Pleasant Hill Road East to Brackman Lane, and Brackman Lane to Highway 4 on -ramp.
The sewer model calculated flows to these lines are anywhere from 170 — 750 percent
of capacity. Surcharge indicators placed in manholes confirmed significant capacity
issues. A project was planned and designed to replace approximately 6,000 feet of 6-
through 10 -inch sewers with appropriately sized pipes. The sewer replacement
includes a crossing at Alhambra Creek, work within Burlington Northern and Santa Fe
(BNSF) Railway property, and work crossing a Caltrans Highway 4 on -ramp at
Alhambra Avenue.
During interagency plan review, the City of Martinez (City) informed the District that a
waterline replacement project was planned within Pleasant Hill Road East. Both
agencies agreed that combining the work into a joint project would be cost efficient and
least disruptive to the residents. A Joint Powers Agreement (JPA) was authorized by
the Board and entered into with the City of Martinez creating the joint project, Pleasant
Hill Road East Improvements, DP 5553 (see Attachment 1). In accordance with the
1ADesignTosition Papers\2004\5553 Award- avr.DOC Page 1 of 5
POSITION PAPER
Board Meeting Date: May 20, 2004
subject. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MOUNTAIN
CASCADE, INC. FOR THE PLEASANT HILL ROAD EAST IMPROVEMENTS,
DISTRICT PROJECT 5553
JPA, the District is the lead agency for the project; however, City Council approval is
required to award the waterline portion of the project. City staff has reviewed the bids
and is recommending acceptance of the waterline portion of the bid to the City Council
at their May 19, 2004 meeting.
District staff prepared the plans and specifications for this project and the engineer's
estimate for construction was $2,319,000. The project was advertised on April 12 and
19, 2004. Nine sealed bids were received and publicly opened on May 4, 2004. Bids
ranged from $1,567,081 to $2,646,875, and a summary of bids is shown in Attachment
2. Staff conducted a commercial and technical evaluation of these bids and has
determined that Mountain Cascade Inc. is the lowest responsive and responsible bidder
with a bid amount of $1,567,081.
District staff will perform construction contract management, administration, and survey
for the entire joint project and will perform inspection, office engineering, and shop
drawing review for the sewer portion. The City staff will perform the inspection, office
engineering and shop drawing review for the waterline and pavement overlay. The
funds required to complete the project, as shown in Attachment 3, are $2,075,143. In
accordance with the JPA, the City will reimburse the District approximately $389,000.
The total cost of the project, including City improvements is $2,273,143.
The sewer work for the Pleasant Hill Road East Improvements Project is included in the
Fiscal Year 2003 -04 Capital Improvement Budget (CIB) on pages CS -72 through CS-
75. Staff has conducted a cash flow analysis of the Sewer Construction Fund and
concluded that adequate funds are available for this project.
The project is exempt from California Environmental Quality Act (CEQA) under District
CEQA Guidelines, Section 15302, since it involves replacement of existing facilities in
substantially the same location and with the same purpose as the facilities being
replaced. Any capacity increases provided by the project are non - growth related and
are to accommodate wet weather flows.
RECOMMENDED BOARD ACTION: Authorize award of a construction contract in the
amount of $1,567,081 for the Pleasant Hill Road East Improvements, District Project
5553, to Mountain Cascade, Inc., the lowest responsive and responsible bidder.
(:\Design \Position Papers\2004 \5553 Award- avr.DOC Page 2 of 5
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Ing ----------- I
FEET
Central Contra Costa
;? Sanitary District
III I MUMP4
NEW SEWERS
-------- EXISTING SEWERS
NEW CITY WATER LINE
MARTINEZ-PLEASANT HILL RD EAST
PROJECT IMPROVEMENTS
D.P. 5553
Page 3 of 5
ATTACHMENT 2
CENTRAL CONTRA COSTA SANITARY DISTRICT
SUMMARY OF BIDS
PROJECT NO. 5553 DATE: MAY 4, 2004
PROJECT NAME: PLEASANT HILL ROAD EAST IMPROVEMENTS
LOCATION: MARTINEZ, CALIFORNIA ENGINEER EST.: $2,319,000
NUMBER
BIDDER
(Name & Address)
BID PRICE
1
Mountain Cascade
$1,567,081
Livermore, CA
2
Bay Pacific Pipelines, Inc.
$1,589,635
Novato, CA
3
California Trenchless, Inc.
$1,803,130
Hayward, CA
4
Ranger Pipelines, Inc.
$1,953,970
San Francisco, CA
5
Hess Construction Co., Inc
$1,973,840
American Canyon, CA
6
K.J. Woods construction, Inc.
$1,984,000
San Francisco, CA
7
Pacific Underground Construction, Inc.
$2,048,070
San Jose, CA
8
William G. McCullough Co.
$2,333,615
Antioch, CA
9
W.R. Forde Associates
$2,646,875
Richmond, CA
BIDS OPENED BY: /s/ Joyce E. Murphy DATE: May 4, 2004 SHEET NO. 1 OF 1
I:\Design\Position Papers\2004 \5553 Award- avr.DOC Page 4 of 5
ATTACHMENT 3
PLEASANT HILL ROAD EAST IMPROVEMENTS
DISTRICT PROJECT 5553
POST BID / PRECONSTRUCTION COST ESTIMATE
TOTAL
ITEM DESCRIPTION
1. CONSTRUCTION
a. Construction Contract 1,567,081
b. Contingency (15 %) 235,062
c. Permit 15,000
TOTAL CONSTRUCTION 1,817,143
2. CONSTRUCTION MANAGEMENT
a. District Forces
Construction Management 50,000
Contract Administration /Inspection 100,000
Project Engineering 10,000
Community Relations 12,000
SUBTOTAL 172,000
b. Consultants
Geotech 10,000
Material Testing 11,000
Arborist 3,000
SUBTOTAL 24,000
TOTAL CONSTRUCTION MANAGEMENT 196,000
3. TOTAL CONSTRUCTION PHASE COST 2,013,143
4. TOTAL PREBID EXPENDITURES (Planning and Design) 260,000
5. TOTAL DESIGN AND CONSTRUCTION MANAGEMENT 456,000
6. TOTAL ESTIMATED PROJECT COST 2,273,143
7. FUNDS AUTHORIZED TO DATE 198,000
8. ALLOCATION NEEDED TO COMPLETE PROJECT 2,075,143
% OF ESTIMATED
CONSTRUCTION COST
100.00
10.79
110.79
14.31
25.09
I: \Design \PositionPaper\2004 \5553 Award Aft -3 Page 5 of 5
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Central Contra Costa San..ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 20, 2004 No.: 5.b. BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD
subject: AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO D'ARCY &
HARTY CONSTRUCTION, INC. FOR THE WALNUT CREEK SEWER
RENOVATION PROJECT, PHASE 2, DISTRICT PROJECT 5709
Submitted By: Initiating Dept /Div.:
Andrew Antkowiak, Associate Engineering / Capital Projects
Engineer
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
A. Antkowiak 4ilecki W. Brennan A. FarrcM harle Ba
General
ISSUE: On May 11, 2004, sealed bids were received and opened for the construction
of the Walnut Creek Sewer Renovation Project, Phase 2, District Project 5709. The
Board of Directors must authorize award of the contract or reject bids within 50 days of
the bid opening.
RECOMMENDATION: Authorize award of a construction contract.
FINANCIAL IMPACTS: Approximately $1,572,000 including design, bid price,
contingency, and construction management.
ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended.
BACKGROUND: The District's 1,500 miles of collection sewers has pipe segments
that range in age from new to over 100 years old. Some of these pipe segments are at
the end of their useful life. This is evidenced by high maintenance costs and increases
in call -outs by Collection System Operations Division (CSOD).
In 1991 the District implemented its sewer renovation program. Since that time an
annual allowance for this program has been included in the Capital Improvement
Budget and Plan. This program is an ongoing series of projects. Candidate sewer line
segments are identified, evaluated, and placed on a priority list for replacement and /or
renovation. The Walnut Creek Sewer Renovation Project, Phase 2, will renovate or
replace several critical line segments identified in the City of Walnut Creek and
unincorporated Contra Costa County area.
Walnut Creek Sewer Renovation Project, Phase 2, will reconstruct approximately 5,500
linear feet of 6 -, 8 -, and 10 -inch sewer lines in fourteen (14) locations (see Attachment
1 for map). Five (5) sites are located in public Right of Way, four (4) in easements and
private streets, and the remaining five (5) are in both easements and public Right of
lADesign \Position Papers\2004 \5709 Award.DOC Page 1 of 5
POSITION PAPER
Board Meeting Date: May 20, 2004
subject AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO D'ARCY &
HARTY CONSTRUCTION, INC. FOR THE WALNUT CREEK SEWER
RENOVATION PROJECT, PHASE 2, DISTRICT PROJECT 5709
Way. Construction of the sewers in easements will involve close cooperation with
customers for site access and restoration. Because one site in downtown Walnut
Creek will have a significant impact on traffic and local businesses, it is required to be
constructed during the night.
District staff prepared the plans and specifications for the project. The Engineer's
estimate for construction of Phase 2 is $1,100,000. This project was advertised on April
16 and 22, 2004. Four (4) sealed bids ranging from $1,015,332 to $1,312,120 were
received and publicly opened on May 11, 2004. The Engineering Department
conducted a technical and commercial review of the bids and determined that D'Arcy &
Harty Construction, Inc. is the lowest responsive and responsible bidder with a bid
amount of $1,015,332. A summary of bids received is shown in Attachment 2.
The District will administer the construction contract and will provide contract
administration, inspection, survey, office engineering, and submittal review. The funds
required to complete this project, as shown in Attachment 3, are $1,372,000. The total
cost of Walnut Creek Sewer Renovation Project, Phase 2 is anticipated to be
$1,572,000.
The improvements to the Walnut Creek sewers are included in the Fiscal Year 2003 -04
Capital Improvement Budget (CIB) on pages CS- 9 -15. Staff has conducted a cash
flow analysis of the Sewer Construction Fund and concluded that adequate funds are
available for this project.
At its February 5, 2004 meeting, the Board of Directors independently found that this
project was exempt from CEQA. A Notice of Exemption has been filed with the County
Clerk.
RECOMMENDED BOARD ACTION: Authorize award of a construction contract in the
amount of $1,015,332 for the construction of the Walnut Creek Sewer Renovation
Project, Phase 2, District Project 5709, to D'Arcy & Harty Construction, Inc., the lowest
responsive and responsible bidder.
I: \Design \Position Papers\2004 \5709 Award.DOC Page 2 of 5
FEET
Central Contra Costa
Sanitary District
WALNUT CREEK RENOVATIONS
PHASE 2
CCCSD 5709
Attachment
Page 3 of 5
ATTACHMENT 2
CENTRAL CONTRA COSTA SANITARY DISTRICT
SUMMARY OF BIDS
PROJECT NO. 5709: Walnut Creek Sewer Renovations Phase 2 DATE: May 11, 2004
LOCATION: Walnut Creek, California
ENGINEER EST.: $1.100.000
ORDER
BIDDER
BID PRICE
OPENED
(Name & Address)
California Trenchless
1
2283 Dunn Road
$1,237,575
Hayward, CA 94545
D'Arcy & Harty Construction, Inc.
2
1300 Carroll Avenue
$1,015,332
San Francisco, CA 94124
McNamara & Smallman Construction, Inc.
3
1756 Holmes Street
$1,312,120
Livermore, CA 94550
K. J. Woods Construction, Inc.
4
2625 Judah Street, No. 2
$1,184,000
San Francisco, CA 94122
BIDS OPENED BY: /s/ Joyce Murphy DATE: May 11, 2004
SHEET NO. 1 OF 1
L \Design \Position Papers\2004 \5709 Award.DOC Page 4 of 5
ATTACHMENT 3
WALNUT CREEK SEWER RENOVATIONS, PHASE 2
DISTRICT PROJECT NO 5709
POST - BID/ PRECONSTRUCTION ESTIMATE
ITEM DESCRIPTION
1. Construction
Contract
Contingency at 15%
Subtotal
2. Construction Management
Percent
TOTAL of Construction
Contract Cost
$ 1,015,332
$ 152,668
$1,168,000
Construction Project Management $ 15,000
Contract Administration $ 25,000
Construction Inspection $ 95,000
Subtotal $ 135,000
3. Consultant Services
Materials Testing $ 10,000
Geotechnical Consultant $ 2,000
Arborist $ 6,000
Subtotal $ 18,000
4. Engineering and Other Services During
Construction
District Forces
100%
11.6%
1.5%
3.5%
18.0%
134.6%
Page 5 of 5
Public Relations
$
5,000
Office Engineering Services
$
5,000
Record Drawings
$
5,000
Survey
$
15,000
Operations Department
$
1,000
Other
Services
City and County Permit Inspection
$
10,000
Subtotal
$
41,000
5.
Prebid Expenditures (Planning and Design)'
$
210,000
6.
Total Project Cost
$
1,572,000
7.
Funds Allocated to Date
$
210,000
8.
Allocation Required to Complete Project
$
1,362,000
9.
Total Additional Expenditures if Contract
$
1,362,000
is Awarded
Note 1: Includes planning and pre- design of phases 3 and 4
100%
11.6%
1.5%
3.5%
18.0%
134.6%
Page 5 of 5
Central Contra Costa San.tary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 20, 2004 No.: 7.a. ADM I N I STRAT I V E
Type of Action: ADOPT RESOLUTION /APPROVE REGULATIONS
subject: ADOPT A RESOLUTION REQUESTING CONSOLIDATION OF THE
ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL
ELECTION ON NOVEMBER 2, 2004 AND SETTING FORTH DISTRICT
REGULATIONS FOR CANDIDATE STATEMENTS
Submitted By: Joyce E. Murphy, Initiating Dept. /Div.: Administrative Department
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
J. M phy
General
ISSUE: A request for consolidation of the election of District Board Members must be
filed with the Board of Supervisors and County Elections Department, and the District
regulations relating to candidate statements must be modified or reaffirmed.
RECOMMENDATION: Request consolidation of District election with Statewide
General Election, and reaffirm or modify District regulations for candidate statements.
FINANCIAL IMPACTS: If the Board reaffirms the current District regulations for
candidate statements, the District would be responsible for paying the balance of the
cost of printing each candidate's statement over the initial $500 paid by each
candidate. In the last District Board election in 2002, that cost was $2,522.13 per
candidate less $500, and there were three candidates for a total of $6,066.40.
ALTERNATIVES /CONSIDERATIONS: Statutory provisions effectively require the
District to consolidate its election when it is held on a statewide election date. District
regulations for candidate statements may be modified or reaffirmed in accordance with
California Elections Code Section 13307.
BACKGROUND: The California Elections Code provides that Special Districts may
require that elections of their Board Members be held on the same day as the
Statewide General Election. When an election called by a District is consolidated with
a Statewide General Election, the District must file a resolution with the Board of
Supervisors and County Elections Department requesting such consolidation.
Page 1 of 5
POSITION PAPER
Board Meeting Date: May 20, 2004
subject: ADOPT A RESOLUTION REQUESTING CONSOLIDATION OF THE
ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL
ELECTION ON NOVEMBER 2, 2004, AND SETTING FORTH DISTRICT
REGULATIONS FOR CANDIDATE STATEMENTS
The Board of Directors must also reaffirm or modify the District regulations with regard
to word limit, payment of costs, and payment of a deposit for candidate statements for
the November 2, 2004 District election. Prior to 1996 the District had required that
candidates pay all pro rata costs concerning publication of their respective candidate
statements. In 1996 because of the prohibitive cost of candidate statements for this
District as compared to other agencies and the need for informing citizens of
qualifications of candidates for the District Board of Directors, the Board voted to have
the District share in the cost of publication of candidate statements to provide the
benefits of informing citizens of the qualifications of candidates, to minimize the issue
of campaign contributions from special interests, and to remove financial obstacles for
interested candidates to run for election.
Currently, the District regulations require that candidates seeking election to the District
Board of Directors be responsible for paying $500 towards the cost of publication of
his /her respective candidate statement at the time of filing nomination papers; that the
balance be paid by the District after the elections costs have been determined; and that
the statements be limited to 400 words.
In 2002 the Contra Costa County Elections Department changed the type font of
candidate statements to 10 point, causing candidate statements of more than 300
words to require two pages, doubling the printing cost. It would be appropriate for the
Board to consider whether to modify the word limit for candidate statements to 300
words to ensure that all candidate statements will be printed on one page, or to reaffirm
District regulations that candidate statements may contain up to 400 words, recognizing
that some candidate statements may be printed on two pages and the cost would
double.
A draft resolution is attached for the Board's consideration and direction to staff. A
copy of the final resolution requesting consolidation of the election and incorporating
the Board's direction with regard to determination of District regulations for candidate
statements, will be provided to the Contra Costa County Board of Supervisors and
Elections Department.
RECOMMENDED BOARD ACTION: Adopt resolution requesting consolidation of the
election of District Board Members with the Statewide General Election to be held on
November 2, 2004, and setting forth District regulations relating to candidate
statements.
Page 2 of 5
RESOLUTION NO. 2004-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
REQUESTING CONSOLIDATION OF THE ELECTION OF ITS DISTRICT BOARD
MEMBERS WITH THE STATEWIDE GENERAL ELECTION AND
SETTING FORTH DISTRICT REGULATIONS RELATING TO
CANDIDATE STATEMENTS
WHEREAS, California Elections Code Section 10402.5 provides that any district
election held on an established statewide election date shall be consolidated with the
statewide election; and
WHEREAS, California Elections Code Section 10403 provides that whenever an
election called by the governing body of a special district, such as the Central Contra
Costa Sanitary District, for an office to be filled which is to appear on the same ballot as
the statewide election, the District shall, by resolution, request consolidation of elections
for its members to be held on the same day as the Statewide General Election; and
WHEREAS, Elections Code Section 13307 provides that each candidate for
nonpartisan elective office in any local agency, including special districts, may prepare a
candidate's statement on an appropriate form provided by the clerk; and
WHEREAS, Elections Code Section 13307 further requires that before the
nominating period opens the District Board must determine whether a charge shall be
levied against each candidate submitting a candidate's statement to be sent to the
voters; and
WHEREAS, Elections Code Section 12112 requires the elections official of the
principal county to publish a notice of the election once in a newspaper of general
circulation in the district.
Page 3 of 5
Central Contra Costa Sanitary District
Resolution No. 2004 -
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central
Contra Costa Sanitary District, that the Board does hereby make the following
determination:
IT IS ORDERED that an election be held within the territory included in the
Central Contra Costa Sanitary District on the 2nd day of November 2004, for the purpose
of electing members to the Board of Directors of Central Contra Costa Sanitary District
in accordance with the following specifications.
1. The election shall be held on Tuesday, the 2nd day of November 2004.
The purpose of the election is to choose members of the Board of Directors for three (3)
seats for four -year terms beginning December 3, 2004 and ending December 5, 2008.
2. The Central Contra Costa Sanitary District hereby requests and consents
to the consolidation of this election with other elections which may be held in whole or in
part of the territory of the District, as provided in Elections Code 10400.
3. The Central Contra Costa Sanitary District has determined that the
candidate and the Central Contra Costa Sanitary District shall share in the cost of
publication of the Candidate Statements.
4. Each candidate shall pay $500 for the cost of publication of his /her
respective candidate statement at the time of filing nomination papers, and the balance
shall be paid by the Central Contra Costa Sanitary District after the election costs have
been determined.
5. Each candidate's statement of qualifications shall be limited to 20( 0, 300
or 400 words).
Page 4 of 5
Central Contra Costa Sanitary District
Resolution No. 2004 -
Page 3
6. The Central Contra Costa Sanitary District directs that the Contra Costa
County Registrar of Voters publish the notice of election in a newspaper of general
circulation that is regularly circulated in the territory.
BE IT FURTHER RESOLVED that the Secretary of the District is hereby
authorized and directed to transmit a certified copy of this resolution to the Contra Costa
County Board of Supervisors and to the Elections Department of said County.
PASSED AND ADOPTED by the Board of Directors of Central Contra Costa
Sanitary District this 20th day of May 2004, 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 Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Kenton L. Alm
District Counsel
Page 5 of 5
Central Contra Costa Sank.ery District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 20, 2004 No.: g.a. ENGINEERING
Type of Action: ADOPT RESOLUTION; APPROVE AGREEMENT
Subject: ADOPT A RESOLUTION APPROVING A JOINT COMMUNITY FACILITIES
AGREEMENT FOR FINANCING OF PUBLIC MAIN SEWERS IN WINDEMERE
BLC'S DOUGHERTY VALLEY DEVELOPMENT AND AUTHORIZE THE
PRESIDENT OF THE BOARD OF DIRECTORS AND THE SECRETARY OF THE
DISTRICT TO EXECUTE THE AGREEMENT
Submitted By: Jarred Miyamoto -Mills Initiating DeptJDiv.: Engineering/
Principal Engineer Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
)I v oA
J. Miyamoto -Mills Swanson A.-Farrill K. Alm
General
ISSUE: Windemere BLC Land Company (Windemere BLC) plans to form a community
facilities district to finance infrastructure improvements (including public main sewers)
for the remaining phases of its Dougherty Valley development. State law requires that
agencies such as the District that will ultimately own and operate the facilities enter into
a "Joint Community Facilities Agreement" with the financing authority, the ABAG
Finance Authority for Nonprofit Corporations, in this case.
RECOMMENDATION: Adopt a resolution approving the Joint Community Facilities
Agreement and authorizing the President of the Board of Directors and the Secretary of
the District to execute the agreement.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board could decline to enter into the
recommended agreement, which would result in exclusion of public main sewers from
financing under the proposed community facilities district. Windemere BLC would then
have to find an alternative means to finance design and construction of public main
sewers in the remainder of its development.
BACKGROUND: To date, Windemere BLC has used both public and private financing
for infrastructure improvements in Dougherty Valley. It now plans to form a community
facilities district to finance a portion of similar improvements (including public main
sewers) in remaining phases of the development using tax - exempt bonds. The State
law governing issuance of these bonds requires that agencies that will ultimately own
and operate the infrastructure improvements built with the community facilities district
financing enter into an agreement with the authority that will sell the bonds. In this case,
WPosition Papers\Miyamoto -Mills \Windemere BLC.DOC Page 1 Of 12
POSITION PAPER
Board Meeting Date: May 20, 2004
subject. ADOPT A RESOLUTION APPROVING A JOINT COMMUNITY FACILITIES
AGREEMENT FOR FINANCING OF PUBLIC MAIN SEWERS IN WINDEMERE
BLC'S DOUGHERTY VALLEY DEVELOPMENT AND AUTHORIZE THE
PRESIDENT O F T HE B OARD O F D IRECTORS A ND T HE SECRETARY OF THE
DISTRICT TO EXECUTE THE AGREEMENT
Windemere BLC has requested that the ABAG Financing Authority for Nonprofit
Corporations form the district and sell the bonds.
Bond Counsel for the proposed Community Facilities District No. 2004 -2 ( Windemere
Ranch) submitted a draft resolution and "Joint Community Facilities Agreement -
CCCSD" to staff. District Counsel reviewed the documents and worked with Bond
Counsel to incorporate minor format revisions. The recommended resolution and
agreement are presented as Attachments 1 and 2.
The agreement provides that customary District procedures and requirements for
design and construction of public sewers be followed. Further, the District will have no
liability with respect to any work performed in connection with the improvements until
they are accepted, and will not be obligated to accept the constructed facilities unless
they meet all District standards, specifications, and regulations.
RECOMMENDED BOARD ACTION: Adopt a resolution approving the Joint
Community Facilities Agreement and authorizing the President of the Board of Directors
and the Secretary of the District to execute the agreement.
Page 2 of 12
UAPosition Papers\Miyamoto- Mills\Windemere BLC.DOC
M"TA[S3:1►0Iafys
RESOLUTION NO. 2004-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT APPROVING A JOINT
COMMUNITY FACILITIES AGREEMENT RELATING TO THE
FINANCING OF PUBLIC IMPROVEMENTS BY THE ABAG FINANCE
AUTHORITY FOR NONPROFIT CORPORATIONS COMMUNITY
FACILITIES DISTRICT NO. 2004 -2 (WINDEMERE RANCH)
WHEREAS, the Board of Directors of the ABAG Finance Authority for Nonprofit
Corporations (the "Authority ") is undertaking proceedings to form the ABAG
Finance Authority for Nonprofit Corporations Community Facilities District
No. 2004 -2 (Windemere Ranch) (the "CFD ") pursuant to the Mello -Roos
Community Facilities Act of 1982, as amended (the "Act "); and
WHEREAS, the Authority intends to issue bonds of the Authority for the CFD (the
"Bonds ") in order to finance, among other improvements, the costs for
construction of sanitary sewer lines and related facilities (the "Improvements ")
that are expected to be owned by the Central Contra Costa Sanitary District (the
"District "), as such Improvements are described in the proceedings to form the
CFD; and
WHEREAS, Section 53316.2 of the California Government Code allows the CFD
to finance the Improvements if the District and the Authority enter into a joint
community facilities agreement with respect to the Improvements to be owned or
operated by the District prior to the formation of the CFD; and
WHEREAS, a form of joint community facilities agreement by and between the
District and the Authority relating to the Improvements to be owned or operated
by the District (the "Joint Community Facilities Agreement ") has been filed with
the Secretary of the District, and
Page 3 of 12
WPosition PapersWiyamoto- Mills\Windemere - ATTACHMENT 1.doc
WHEREAS, the Board of Directors of the District has reviewed the Joint
Community Facilities Agreement, and the Board of Directors of the District now
desires to approve the Joint Community Facilities Agreement and direct its
execution and delivery.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central
Contra Costa Sanitary District, as follows:
Section 1
Approval of Joint Community Facilities Agreement. The Board of
Directors of the District hereby approves the Joint Community Facilities
Agreement in the form on file with the Secretary of the District, and hereby
authorizes and directs the President of the Board of Directors to execute
and deliver the Joint Community Facilities Agreement in such form. The
Board of Directors of the District hereby declares that the Joint Community
Facilities Agreement will be beneficial to the residents residing and to
reside within the boundaries of the area in which the Improvements are
being constructed.
Section 2
Official Actions. The President of the Board of Directors and the
Secretary of the District, and all other officers of the District, are hereby
authorized and directed to take all actions and do all things necessary or
desirable hereunder to implement the Joint Community Facilities
Agreement, including but not limited to the execution and delivery of any
and all agreements, certificates, documents and other instruments which
they, or any of them, deem necessary or desirable and not inconsistent
with the purposes of this Resolution and the Joint Community Facilities
Agreement.
WPosition Papers \Miyamoto - Mills \Windemere - ATTACHMENT tdoc Page 4 of 12
Section 3
This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 20th day of May 2004, by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the District
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Alm, Counsel for the District
WPosition PapersWiyamoto- Mills\Windemere - ATTACHMENT 1.doc Page 5 of 12
ATTACHMENT 2
JOINT COMMUNITY FACILITIES AGREEMENT
(CENTRAL CONTRA COSTA SANITARY DISTRICT)
ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS
COMMUNITY FACILITIES DISTRICT NO. 2004 -2
(WINDEMERE RANCH)
This Joint Community Facilities Agreement (Central Contra Costa Sanitary
District) (the "Agreement "), dated for convenience as of May 1, 2004, is by and
between the ABAG Finance Authority for Nonprofit Corporations (the "Authority ")
and the Central Contra Costa Sanitary District (the "Participating Agency ").
RECITALS:
WHEREAS, the Authority is undertaking proceedings to form the ABAG Finance
Authority for Nonprofit Corporations Community Facilities District No. 2004 -2
(Windemere Ranch) (the "CFD ") pursuant to the Mello -Roos Community
Facilities Act of 1982, as amended (the "Act "), and the Authority intends to issue
bonds of the Authority for the CFD (the "Bonds ") in order to finance various public
improvements to be acquired and constructed on land in the Windemere Ranch
development; and
WHEREAS, the improvements to be financed with the proceeds of the Bonds
may include the improvements described in Attachment A hereto (the
"Improvements "), which Attachment is, by this reference, incorporated herein;
and
WHEREAS, the parties hereto expect that the Participating Agency will own and
operate the Improvements upon their completion and acceptance by the
Participating Agency; and
WHEREAS, all or a portion of the Improvements and certain other improvements
to be eligible for funding by the CFD are to be constructed by or at the direction
of Windemere BLC Land Company LLC (the "Developer'), and the Authority
expects to enter into an Acquisition Agreement with the Developer (the
"Acquisition Agreement ") whereby the Authority will use proceeds of the Bonds to
reimburse the Developer for all or a portion of the costs of other improvements;
and
WHEREAS, Section 53316.2 of the Act requires that the Authority and the
Participating Agency enter into a joint community facilities agreement with
respect to the Improvements, prior to the adoption by the Authority of the
Resolution of Formation of the CFD, if the Improvements are to be financed with
the proceeds of the Bonds; and
WPosition PapersWiyamoto- MillsUindemere - ATTACHMENT 2.doc Page 6 of 12
WHEREAS, the Authority and the Participating Agency now desire to enter into
this Agreement to satisfy the requirements of Section 53316.2 of the Act and to
memorialize their understanding with respect to the proceeds of the Bonds and
the Improvements, all as more particularly set forth below.
AGREEMENT.-
NOW, THEREFORE, in consideration of the foregoing and mutual covenants set
forth below, the parties hereto do hereby agree as follows:
Section 1
Reservation of Bond Funds. The Authority intends to use proceeds of the
Bonds to finance a portion of the costs incurred in connection with the
acquisition and construction of the Improvements. Said amount, together
with any investment earnings thereon, shall be held in an account within
the Improvement Fund established for the CFD (the "Improvement Fund ")
for the sole and exclusive benefit of the CFD, and such amount shall in no
way be pledged as security for the Bonds.
Other than proceeds of the Bonds required by the Acquisition Agreement
to be used to finance the Improvements, the Authority shall have no
obligation to pay for any of the costs of the Improvements, including but
not limited to any costs of planning, acquisition, construction, installation
or inspection of the Improvements. Any costs of the Improvements in
excess of the proceeds of the Bonds available to pay such costs will be
paid by the Developer and /or the other landowners in the CFD.
Section 2
Construction of Improvements. The Improvements have been or will be
constructed pursuant to plans and specifications approved in accordance
with the Memorandum of Understanding Between Contra Costa County,
the City of San Ramon, Shapell Industries and Windemere Ranch
Partners Relating to Development of Dougherty Valley, dated October 15,
1997 (the "MOU ") and otherwise applicable requirements of the
Participating Agency. The Participating Agency shall not have any liability
whatsoever in respect of any work performed in connection with the
Improvements; provided that this sentence shall in no way limit any rights
the Participating Agency may have against any persons or entities in
respect of the acquisition or construction of the Improvements once the
Participating Agency accepts title to and control over the Improvements.
Section 3
Acceptance; Use of Bond Funds. Upon completion of the Improvements
consistent with the requirements of the MOU and any otherwise applicable
requirements of the Participating Agency, the Participating Agency shall
WPosition PapersWiyamoto- Mills\Windemere - ATTACHMENT 2.doc Page 7 of 12
accept dedication of the Improvements in accordance with its customary
procedures, and shall accept ownership, and responsibility for operation of
the Improvements conditioned in any event upon the passage to the
Participating Agency of fee title clear of all encumbrances and easements
not otherwise acceptable to the Participating Agency in its sole discretion.
The Participating Agency shall have no responsibility with respect to the
ownership or operation of the Improvements unless and until construction
has been completed to the satisfaction of the Participating Agency and
acceptance of the Improvements by the Participating Agency has
occurred. The Authority shall have no obligation to at any time own or
operate any of the Improvements.
Section 4
Limited Obligations. All obligations of the Authority under and pursuant to
this Agreement shall be limited to the amounts on deposit in the
Improvement Fund and described in Section 1 above and available for use
in payment of any obligation of the Authority hereunder. No Board
member, member of the Executive Committee of the Board, officer,
employee or agent of the Authority shall in any event be personally liable
hereunder.
The sole obligation of the Participating Agency hereunder with respect to
the Improvements shall be to accept ownership of the Improvements when
they have been completed to the satisfaction of the Participating Agency.
If, for any reason whatsoever, there are insufficient funds to complete the
Improvements or any portion thereof, neither the Authority nor the
Participating Agency shall have any obligation to fund any such shortfall.
If the Participating Agency shall fail to perform any of its obligations
hereunder, the sole remedy of the Authority shall be the commencement
of an action in the Superior Court for specific performance by the
Participating Agency of such obligations.
Section 6
Termination. Notwithstanding any other provision of this Agreement, this
Agreement shall cease to be effective and shall terminate if the Bonds are
not issued by December 1, 2005. If not earlier terminated pursuant to the
preceding sentence, this Agreement shall terminate upon acceptance of
the ownership and operation of the Improvements by the Participating
Agency, and disbursement of all amounts from the Improvement Fund to
pay costs of the improvements eligible to be funded by the CFD.
Section 7
No Obligation to Form CFD; Agreement to Benefit to Residents. The
provisions of this Agreement shall in no way obligate the Authority to form
the CFD. Notwithstanding the foregoing, by their respective execution of
WPosition PapersWiyamoto- Mills\Windemere - ATTACHMENT 2.doc Page 8 of 12
this Agreement, the Authority and the Participating Agency each declare
that this Agreement is beneficial to the residents within the jurisdiction of
their respective entities in assuring the provision of financing for a portion
of the costs of the Improvements in furtherance of the purposes of the Act.
Section 8
Partial Invalidity. If any part of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this
Agreement shall be given effect to the fullest extent reasonably possible.
Section 9
Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the parties hereto. This
Agreement is for the sole benefit of the Authority and the Participating
Agency and their successors and assigns, and no other person or entity
shall be deemed to be a beneficiary hereof or have an interest herein.
Section 10
Execution in Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
WPosition Papers \Miyamoto - Mills \Windemere - ATTACHMENT 2.doc Page 9 of 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year written alongside their signature below.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 20th day of May 2004, by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the District
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Alm, Counsel for the District
ABAG Finance Authority for Nonprofit
Corporations (the "Authority ")
Chief Financial Officer
WPosition Papers \Miyamoto - Mills \Windemere - ATTACHMENT 2.doc Page 10 of 12
ATTACHMENT A
DESCRIPTION OF THE IMPROVEMENTS
1. Sanitary sewer lines and facilities within or in the vicinity of the ABAG
Finance Authority for Nonprofit Corporations Community Facilities District
No. 2004 -2 ( Windemere Ranch) (the "CFD "), including but not limited to
sewer lines adjacent to the following roadways: Albion Road Phase 2,
Windemere Parkway Phases 2 and 5, East Branch Parkway Phases 4 and
5, Z Street and X Street as indicated on the map attached hereto.
2. The sanitary sewer main extension through the Middle School site
including appurtenance structures.
Note that the location of any such improvements on the attached map is for
general reference only, and the location of any specific improvement may vary
from that indicated on the attached map.
WPosition PapersWiyamoto- Mills\Windemere - ATTACHMENT A.doc Page 11 of 12
Page 12 of 12
PHASE 3
CREEKS
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NEIGHBORHOOD PARK
JAPONICA-' / s`-��
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COMMUNITY FACILITIES
DISTRICT 2004 -2
PROPOSED FACILITIES
WINDEMERE
i
DOUGHERTY VALLEY SPECIFIC PLAN i-
Page 12 of 12
Central Contra Costa Sam-Ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 20, 2004 No.: 10.a. BUDGET AND FINANCE
Type of Action: BUDGET REVIEW
subject: RECEIVE THE 2004 -2005 OPERATIONS & MAINTENANCE BUDGET;
RECEIVE THE 2004 -2005 DEBT SERVICE FUND BUDGET
Submitted By:
Debbie Ratcliff, Controller
Initiating Dept /Div.:
Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
l/.LI� /.
D. Rat R. Musgra a Charles Batts
General Manag
ISSUE: The 2004 -2005 Operations & Maintenance (O &M) Budget and Debt Service
Fund Budget are being submitted for review at the May 20, 2004 Board Meeting, and
are scheduled for approval at the June 3, 2004 Board Meeting.
RECOMMENDATION: Review the 2004 -2005 O &M Budget and Debt Service Fund
Budget and provide District staff with comments and guidance leading to the approval
of the Budgets at the June 3, 2004 Board Meeting.
FINANCIAL IMPACTS: The 2004 -2005 O &M Budget is based on an $8 rate increase
in the Sewer Service Charge (SSC), which will generate approximately $1.2 million. The
total rate increases from $272 to $280 per Residential Unit Equivalent (RUE) and is
allocated as follows: $204 to the O &M Fund (O &M), and $76 to the Sewer Construction
Fund (Capital). The O &M portion of the Sewer Service Charge revenue decreases by
$2.1 million compared to 2003 -2004 since the O &M allocation in the 2003 -2004 Budget
was higher, at $218 per RUE. Presently the O &M reserve balances are over the
recommended prudent reserve, and allow for a shift of SSC revenue to the Sewer
Construction Fund. The O &M budget results in a deficit spending of $1,750,814, and
assumes a reduction in reserves by this amount.
ALTERNATIVES /CONSIDERATIONS: At the Board workshop in January, different
SSC rate scenarios were considered which affect District revenues as well as the fiscal
year end reserve balances. The assumption used in developing this year's budget was
that only one -half of the property tax amount will be received, or $4.2 million. No
property tax revenue is budgeted for O &M; this revenue has been shifted to the Debt
Service Fund to cover bond principle and interest payments of $3.9 million. The
remaining $300,000 will remain in the Sewer Construction Fund. To help offset
reductions in revenue, staff has critically reviewed the expense side of the 2004 -2005
O &M Budget and made reductions where possible.
Page 1 of 8
S:\ADMIN \POSPAPER \O &M Budget 05-04.130C
POSITION PAPER
Board Meeting Date: May 20, 2004
subject RECEIVE THE 2004 -2005 OPERATIONS & MAINTENANCE BUDGET;
RECEIVE THE 2004 -2005 DEBT SERVICE FUND BUDGET
To improve the clarity of the budget, a new Debt Service Fund has been created and is
scheduled to begin in the 2004 -2005 fiscal year. The assumed receipt of ad valorem
tax revenue is the main source for this fund. The fund is set up to receive the needed
ad valorem tax to pay the principal and interest payments, that is, allocated revenue
equals total debt service payments. Debt service payments for 2004 -2005 including the
1998 and 2002 bond issues and Recycled Water Loan total $3.9 million.
BACKGROUND: Staff has developed a ten -year financial plan for forecasting
revenues, expenses and fund balance. The model assists the Board and staff in
addressing SSC rates for future years. Staff made a presentation at the January 29,
2004 Board Workshop recommending a 3% increase for each of the next three years
resulting in an $8 SSC rate increase for 2004 -2005, an $8 rate increase for 2005 -2006,
and a $9 rate increase for 2006 -2007. This initial recommendation assumed that all ad
valorem tax would be received. In March, the General Manager presented to the Board
a revised projection that assumed the District would receive only 50% of ad valorem tax
revenue. The State has not taken a position regarding the receipt of ad valorem tax.
Therefore, staff is still recommending an $8 SSC increase for next fiscal year. A public
hearing is scheduled on June 3, 2004 to receive public comments. District ratepayers
received a Notice of Public Hearing to Consider Rate Increase in accordance with
Proposition 218.
As previously stated, a new Debt Service Fund is being created in the 2004 -2005
budget process. Staff believes that showing a separate fund for debt service will help
to clarify and simplify future budget presentations. Attachment I summarizes the Debt
Service Fund Budget.
The O &M portion of this position paper focuses on variances between projected 2003-
2004 expenses and the proposed 2004 -2005 budget; however, the position paper also
notes significant variances between the budgets. Attachment II summarizes the O &M
revenues, expenses, and reserve balances for the seven fiscal years 1998 -1999
through 2004 -2005 (five years of actual expenses plus 2003 -2004 projected and 2004-
2005 proposed budget numbers).
Revenue: The attached draft budget includes a budget assumption increasing the SSC
from $272 to $280 in total. The 0 &M allocation drops from $218 to $204 resulting in a
SSC revenue decrease of $2,118,700 million compared to fiscal year 2003 -2004.
There is no property tax shown in the O &M budget as it has been shifted to the Debt
Service Fund to cover bond payments.
The following table compares Projected 2003 -2004 to Budget 2004 -2005 Revenue:
SAADMINTOSPAPEMO &M Budget 05- 04.DOC Page 2 Of 8
POSITION PAPER
Board Meeting Date: May 20, 2004
Subject: RECEIVE THE 2004 -2005 OPERATIONS & MAINTENANCE BUDGET;
RECEIVE THE 2004 -2005 DEBT SERVICE FUND BUDGET
Total District O &M revenue for fiscal year 2003 -2004 is projected to be $44,670,019
compared to the 2004 -2005 budget amount of $42,140,100. The resulting decrease of
$2,529,919 or 5.7% is mainly due to the shift of SSC revenue to the District capital
program and ad valorem tax revenue to the Debt Service Fund. The loss is offset by a
$450,000 increase in City of Concord revenue for shared facilities.
Expense: Total District expenses are projected to be $41,821,651 (excluding
$1,101,115 bond interest payment) in fiscal year 2003 -2004 as compared to a budget
of $43,890,914 in 2004 -2005. This reflects a $2,069,263 or 5% increase in expenses.
As expected, labor costs and utilities make up the bulk of this increase.
The table below compares Projected 2003 -2004 to Budget 2004 -2005 Expense:
Projected
Budget
Increase /Decrease ( -)
2003 -2004
2004 -2005
Variance
Variance %
Sewer Service Charge
$ 17,468,070
19,425,872
1,957,802
11.201
(O &M portion)
$ 34,002,100
31,883,400
- 2,118,700
-6.2%
City of Concord
7,100,000
7,550,000
450,000
6.3%
Tax Rev. for Bond Interest
1,041,319
-
- 1,041,319
- 100.0%
All Other
2,526,600
2,706,700
180,100
7.1%
Total
$ 44,670,019
42,140,100
- 2,529,919
-5.7%
Total District O &M revenue for fiscal year 2003 -2004 is projected to be $44,670,019
compared to the 2004 -2005 budget amount of $42,140,100. The resulting decrease of
$2,529,919 or 5.7% is mainly due to the shift of SSC revenue to the District capital
program and ad valorem tax revenue to the Debt Service Fund. The loss is offset by a
$450,000 increase in City of Concord revenue for shared facilities.
Expense: Total District expenses are projected to be $41,821,651 (excluding
$1,101,115 bond interest payment) in fiscal year 2003 -2004 as compared to a budget
of $43,890,914 in 2004 -2005. This reflects a $2,069,263 or 5% increase in expenses.
As expected, labor costs and utilities make up the bulk of this increase.
The table below compares Projected 2003 -2004 to Budget 2004 -2005 Expense:
SAADMIMPOSPAPEMO &M Budget 05- 04.DOC Page 3 Of g
Projected
Budget
Increase /Decrease ( -)
2003 -2004
2004 -2005
Variance
Variance %
salaries
$ 17,468,070
19,425,872
1,957,802
11.201
lenefits less Cap O/H
10,760,221
9,932,360
- 827,861
-7.701
;hemicals
938,000
1,127,000
189,000
20.11
Itilities
3,565,060
4,004,850
439,790
12.31
repairs & Maintenance
2,862,037
2,757,003
- 105,034
-3.70)
lauling & Disposal
948,060
987,060
39,000
4.10)
'rofessional & Legal
442,500
376,995
- 65,505
-14.8°
Wtside Services
1,996,334
2,050,080
53,746
2.70)
elf- Insurance
225,000
250,000
25,000
11.10)
laterials & Supplies
1,400,937
1,480,850
79,913
5.701
JI Other (w /o debt)
1,215,432
1,498,844
283,412
23.30)
otal
$ 41,821,651
43,890,914
2,069,263
5.00)
998 Bond Interest
'ayment
1,101,115
1,101,115
100.00,
btal Expense per
'inancials
$42, 922, 766
43, 890, 914
968,148
2.39
SAADMIMPOSPAPEMO &M Budget 05- 04.DOC Page 3 Of g
POSITION PAPER
Board Meeting Date: May 20, 2004
subject RECEIVE THE 2004 -2005 OPERATIONS & MAINTENANCE BUDGET;
RECEIVE THE 2004 -2005 DEBT SERVICE FUND BUDGET
Salaries: District O &M salaries are projected to be $17,468,070 in 2003 -2004
compared to a budget of $19,425,872 in 2004 -2005 resulting in an increase of
$1,957,802 or 11.2 %. This increase is mainly due to a 2% negotiated general salary
increase, approximately 4% due to filling of several vacant budgeted positions, and the
remaining 5% is due to step (merit) increases for newer or promoted employees within
their salary ranges (in excess of 40% of the workforce).
Benefits Less Capitalized Administrative Overhead: District O &M benefits less
capitalized administrative overhead for the fiscal year 2003 -2004 are projected to be
$10,760,221 compared to a budget of $9,932,360 in 2004 -2005. This is a decrease of
$827,861, or 7.7 %. The major factors contributing to this decrease are:
• The greatest impact on the 2003 -2004 Budget was a one -time $1.6 million
payment to Contra Costa County Employees' Retirement Association (CCCERA)
for the District's share of the Paulsen settlement in 2003 -2004 which will not
occur in 2004 -2005. There was a 1 % reduction to retirement rates in 2004 -2005,
but these rates will be applied to a higher salary base. The net favorable
variance is $1,264,549 million.
• A projected medical & health increase of $595,071. A Kaiser rate increase of
16.9% and HealthNet HMO & PPO rate increase of 16% increased the cost of
coverage for existing employees by approximately $330,071. Retiree coverage
increased by $265,000 or 1.9 %. There was no rate increase for Dental
coverage.
• Workers' Compensation expense is anticipated to decrease by $99,969. This
reduction is due to a lower experience modification factor and an anticipated
lower rate component, which has not yet been developed. These combined
factors result in a 15% decrease applied to a higher salary base.
All other benefits combined decreased by $113,995. The largest portion of this
decrease is in the budgeted benefit vacancy factor of $218,000 and the
decrease in life insurance premiums due to switching to a new carrier. These
savings were offset by some small increases in salary driven benefits such as
deferred compensation and Medicare.
S:WDMIN \POSPAPER \O &M Budget 05- 04.DOC
Page 4 of 8
POSITION PAPER
Board Meeting Date: May 20, 2004
subject. RECEIVE THE 2004 -2005 OPERATIONS & MAINTENANCE BUDGET;
RECEIVE THE 2004 -2005 DEBT SERVICE FUND BUDGET
Capitalized Administrative Overhead, which is the District overhead charged to
Capital Projects and credited to O &M expense, is projected to be - $2,356,779 in
2003 -2004 as compared to a 2004 -2005 budget of - $2,294,990 reflecting an
increase of $61,789 in O &M expense. This is due to projected capital salaries
being higher in 2003 -2004 compared to the 2004 -2005 budget.
Chemicals: Chemical usage expense is projected to be $938,000 in 2003 -2004
compared to a 2004 -2005 budget of $1,127,000 for an increase of $189,000 or 20.2 %.
This variance is due to a reduction in budgeted usage in 2003 -2004 in an effort to
control costs. This savings will be offset by higher chemical prices and an anticipated
increased 2004 -2005 usage in the Plant and Pumping Stations.
Utilities: This year's utility costs are projected to be $3,565,060 compared to a 2004-
2005 budget of $4,004,850, increasing by $439,790 or 12.3 %. Fiscal year 2003 -2004
expense was less than 2003 -2004 budget due to greater co- generation power usage.
Due to regulatory constraints on the amount of electrical power produced by the
cogeneration system, it will be less in the 2004 -2005 fiscal year. Utility expense from
outside energy suppliers is expected to increase over the next year.
Repairs & Maintenance: Repairs and maintenance costs are projected to be
$2,862,037 in 2003 -2004 compared to a budget of $2,757,003 in 2004 -2005, for a
favorable variance of $105,034 or 3.7 %. Fiscal year 2003 -2004 expense was higher
than the 2003 -2004 budget due to unanticipated costs for ballasts and other spare
parts for the ultraviolet disinfection system, and the rebuilding of several major
treatment plant pumps, and the steam turbines.
Hauling & Disposal: Hauling & Disposal costs are projected to be $948,060 in 2003-
2004 compared to $987,060 in the 2004 -2005 Budget resulting in an unfavorable
variance of $39,000 or 4.1 %. This is due to increased ash disposal costs for Plant
Operations partially offset by elimination of HHW mobile collection events.
Professional & Legal: Professional and Legal costs are projected to be $442,500
compared to a 2004 -2005 Budget of $376,995 for a favorable variance of $65,505, or
14.8 %.
SAADMIMPOSPAPERMM Budget 05- 04.DOC Page 5 Of 8
POSITION PAPER
Board Meeting Date: May 20, 2004
subject RECEIVE THE 2004 -2005 OPERATIONS & MAINTENANCE BUDGET;
RECEIVE THE 2004 -2005 DEBT SERVICE FUND BUDGET
Outside Services: Outside Services are projected to cost $1,996,334 compared to a
2004 -2005 Budget of $2,050,080, increasing by $53,746 or 2.7 %. Due to cost - cutting
measures, 2003 -2004 expense was reduced. Outside services in this year's budget
actually decrease when compared to the 2003 -2004 budget due to planned reductions
and the need for less temporary help due to filling vacant positions.
Materials & Supplies: Materials & Supplies are projected to cost $1,400,937 compared
to a 2004 -2005 budget of $1,480,850 for an increase of $79,913 or 5.7 %. Again, 2003-
2004 expenses were lower than the 2003 -2004 budget due to spending cuts. The
2004 -2005 Budget is $147,015 less than the 2003 -2004 Budget due to these
reductions.
All Other: All other expenses combined increased by $308,412 from projected 2003-
2004 to the 2004 -2005 budget. This increase is due to election expense, which occurs
every-other year being budgeted at $200,000, the self- insurance contribution from O &M
Budget to the SIF increasing by $25,000, and minor increases spread among the
accounts in this category.
Any revisions to the 2004 -2005 O &M Budget determined at the May 20, 2004 Board
meeting will be incorporated in the Budget submitted for approval at the June 3, 2004
Board Meeting, at which the following actions are scheduled:
• Conduct a public hearing to receive comment on the 2004 -2005 O &M Budget,
Self- Insurance Fund Budget and Debt Service Fund Budget.
• Conduct a public hearing for the collection of the 2004 -2005 Sewer Service
Charge on the County Tax Rolls.
• Approve the 2004 -2005 O &M Budget, Self- Insurance Fund Budget, and Debt
Service Fund Budget, and approve an ordinance, which establishes the 2004-
2005 Sewer Service Charge rate schedule of $280 per residential unit, and
establishes an increase of $8 for fiscal year 2005 -2006 and $9 for fiscal year
2006 -2007.
RECOMMENDED BOARD ACTION: Review the 2004 -2005 O &M Budget and Debt
Service Fund Budget and provide District staff with comments and guidance leading to
the approval of the Budgets at the June 3, 2004 Board Meeting.
SAADMIMPOSPAPEMO &M Budget 05- 04.DOC Page 6 Of 8
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2004 -2005 O &M BUDGET
ASSUMPTIONS
REVENUE ASSUMPTIONS:
Sewer Service Charge - $280
$204 Allocated to O &M
$76 Allocated to Sewer Construction
Property Tax Revenue Budgeted = $4.2 Million
$3.9 Million in Property Tax Revenue Shifted to Debt Service Fund
EXPENSE ASSUMPTIONS:
Bond Debt Service Expense Shifted to Debt Service Fund
S:\ADMIN\RATCLIFF\Budget.Overheads.2004.doc
O &M REVENUES, EXPENSES, AND RESERVES
FISCAL YEAR 2002 -2003 THROUGH 2004 -2005
(000 Omitted)
Revenues:
Sewer Service Charge
City of Concord
Other
Total Revenues
Expenses:
Total Net Expenses
Fund Balance -
Beginning Of Year
Revenues Over Expenses
Fund Balance -
End Of Year
Sewer Service Charge Rate
(O &M Portion Only)
Total Sewer Service Charge
Sewer Service Equivalent
S:\ADMIN\RATCLIFF\Budget.Overheads.2004.doc
2002 -2003 Current 2004 -2005
Actual Projected Budget
2003 -2004
$31,965
$34,002
$31,883
6,322
7,100
7,550
3,235
3,568
2,707
41,522
44,670
42,140
38,694
42,923
43,891
6,172
9,000
10,747
2,828
1,747
(1,751)
9,000
10,747
8,996
$207
$218
$204
$248 $272 $280
156,291
OPERATING AND MAINTENANCE
2003 -2004 BUDGET COMPARED TO 2004 -2005 BUDGET
(000 Omitted)
Revenues
Expenses
Revenues Over Expenses
Fund Balance 06/30/03
S:\ADMIN\RATCLIFF\Budget.Overheads.2004.doc
2003 -2004
Budget
$42,986
44,033
1 047
2004 -2005
Budget
$42,140
43,891
171
$8,997
Increase
(Decrease)
(27)
(.37)
KEY LABOR COSTS
(000 Omitted)
S:\ ADMIN\ RATCLIFF \Budget.Overheads.2004.doc
2003 -2004
2004 -2005
Increase
Budget
Budget
(Decrease)
Salaries & Wages
$18,392
$19,426
$1,034
Retirement
5,519
5,535
16
Medical Insurance
3,563
3,725
162
Dental Insurance
664
624
(40)
Workers' Compensation
528
525
(3)
Vacancy Factor
0
(218)
(218)
Capitalized Adm.
Overhead
(1,968)
(2,295)
(327 )
All Other
1,969
2,036
67
Total Labor Costs
28 667
29 358
91
S:\ ADMIN\ RATCLIFF \Budget.Overheads.2004.doc
KEY INCREASES 2003 -2004 BUDGET
TO 2004 -2005 BUDGET
S:\ADMIN\RATCLIFF\Budget.Overheads.2004.doc
Dollar Increase
(Decrease)
Increase
2003 -2004 Budget
$44,033,397
Salaries
1,033,352
5.6
Benefits
(342,418)
(3.3)
Chemicals
15,000
1.4
Utilities
195,050
5.1
Repairs & Maintenance
62,031
2.3
Hauling & Disposal
(111,000)
(10.1)
Professional & Legal
73,995
24.4
Outside Services
(85,619)
(4.0)
Self Insurance
25,000
11.1
Materials & Supplies
(147,015)
(9.0)
Bond Interest Payment
(1,101,115)
(100)
All Other
240,256
19.1
2004 -2005 Budget
$43,890,914
(.3%)
S:\ADMIN\RATCLIFF\Budget.Overheads.2004.doc
DEBT SERVICE FUND
2004 -2005 BUDGET
Revenue
Debt Service
Interest Expense
Principal Payments
TOTAL
Net to be Returned
to Sewer Construction Fund
S:\ADMIN\RATCLIFF\Budget.Overheads.2004.doc
$3,905,000
1,776,000
2,125,000
$3,901,000
$4,000