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HomeMy WebLinkAbout4/21/2005 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 Type of Action: ADOPT RESOLUTION No.: 3.a. CONSENT CALENDAR subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FROM SHAPELL INDUSTRIES, INC. FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION NO. 8632 IN THE SAN RAMON AREA (JOB 5658), AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: John Mercurio, Management Analyst Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: J. Mercurio M. nny . Swanson A. Farrell Charles General ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication, and authorizing staff to record the easement acceptances with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement shown on the recorded final map of Subdivision No. 8632 that is required for a recent public sewer extension off Dougherty Road in the San Ramon area (as shown on Attachment 1). Staff has reviewed the final subdivision map, inspected the public sewer improvements and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job 5658 public sewer improvements and an offer of dedication from Shapell Industries, Inc. for an easement shown on the recorded final map of Subdivision No. 8632 in the San Ramon area, and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. Page 1 of 2 LIAPosition Papers \Mercurio \5658 \5658 PP.doc R H F Q l�O \� DANVILLE CAMINO TASSAJA DOUGHERTY RD i SITE PN RD \ SAN RAMON LOCATION MAP N. T. S. Z O 00 Central Contra Costa ACCEPTANCE O F Attachment Sanitary District EASEMENT DEDICATION ' SUBDIVISION 8632 JOB 5658 Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 No.: 3.b. CONSENT CALENDAR Type of Action: ADOPT RESOLUTIONS Subject: ADOPT RESOLUTIONS ACCEPTING PUBLIC SEWER IMPROVEMENTS AND OFFERS OF DEDICATION FROM KEITH AND LAURA W. HOWARD, TRE, GLEN AND KATHY KOUTZ, MARK P. SPILKER, AND JAMES R. AND PAMELA S. BLEDSOE, IN THE TOWN OF DANVILLE, JOB 5667 - PARCELS 4, 5, 6, AND 7, AND AUTHORIZING STAFF TO RECORD THE RESOLUTIONS WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: John Mercurio, Management Analyst Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: J. Mercurio y C. Swanson A. Farrell Charles . E General Mane ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt resolutions accepting public sewer improvements and offers of dedication, and authorizing staff to record the documents with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolutions will accept easements that are required for a recent public sewer extension off Del Amigo Road in the Town of Danville (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt resolutions accepting offers of dedication and public sewer improvements from Keith and Laura W. Howard, THE for the easement offered in the Irrevocable Offer of Dedication (IOD) recorded August 31, 2004 (Series 2004 - 0337722) from Glen and Kathy Koutz for the easement offered in the IOD recorded August 31, 2004 (Series 2004 - 0337721), from Mark P. Spilker for the easement offered in the IOD recorded August 31, 2004 (Series 2004 - 0337723), and from James R. and Pamela S. Bledsoe for the easement offered in the IOD recorded August 31, 2004 (Series 2004 - 0337724), and accepting Job 5667 public sewer improvements, and authorizing recording of the resolutions with the Contra Costa County Recorder. Page 1 of 2 UAPosition Papers \Mercurio \5667 \5667 PP.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 No.: 3.c. CONSENT CALENDAR Type of Action: ADOPT RESOLUTIONS subject: ADOPT RESOLUTIONS ACCEPTING PUBLIC SEWER IMPROVEMENTS AND OFFERS OF DEDICATION FROM WINDEMERE BLC LAND COMPANY, LLC, AND CONTRA COSTA COMMUNITY COLLEGE DISTRICT, IN THE SAN RAMON AREA, JOB 5713 - PARCELS 1 AND 2, AND AUTHORIZING STAFF TO RECORD THE DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: John Mercurio, Management Analyst Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: P1 J. Mercurio M. . Swanson _W& A. Farrell General ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt resolutions accepting public sewer improvements and offers of dedication, and authorizing staff to record the documents with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolutions will accept easements required for recent public sewer extensions off Bollinger Canyon Road in the San Ramon area (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt resolutions accepting offers of dedication and public sewer improvements from Windemere BLC Land Company, LLC for the easement offered in the Irrevocable Offer of Dedication (IOD) recorded March 11, 2004 (Series 2004 - 0081841), and from Contra Costa Community College District for the easement offered in the IOD recorded February 18, 2004 (Series 2004 - 0052288), accepting Job 5713, public sewer improvements, and authorizing recording of the resolutions with the Contra Costa County Recorder. U: \Position Papers \Mercurio \5713 \5713 PP.doc Page 1 Of 2 Parcel 2 NTRA COSTA COMMUNITY COLLEGE DISTRICT LEGEND: —e— EXISTING SEWER —.e— NEW SEWER i SUB BOUNDARY EASEMENT AREA Central Contra Costa Sanitary District WINDEMERE BLC LAND CO. (CITY OF SAN RAMON \COMMUNITY CENTER) N / CAMINO SAN RAMON SITE LOCATION MAP N. T. S. Parcel 1 //4700 Nch, P .. KWy Attachment ACCEPTANCE OF EASEMENT DEDICATION JOB 5713 Page 2 of 2 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 Type of Action: ADOPT RESOLUTION No.: 3.d. CONSENT CALENDAR subject: ADOPT RESOLUTION TO CONFIRM AND LEVY FINAL ASSESSMENTS FOR ARBOR LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -4, DISTRICT PROJECT 5644 Submitted By: Initiating Dept. /Div.: Curtis W. Swanson, Division Manager Engineering /Environmental Services Division REVIEWED AND RECOMMENDED FOR BOARD ACTION; - �w V C. Swanson A. Farrell CharWatt General Manage ISSUE: Work has been completed on the Arbor Lane Contractual Assessment District No. 2002 -4 (CAD No. 2002 -4), and the final assessments can be established and levied. RECOMMENDATION: Adopt a resolution confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for Arbor Lane CAD No. 2002 -4, District Project 5644. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs totaling $153,248. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The Board of Directors ordered improvements for Arbor Lane CAD No. 2002 -4 in Alamo at its meeting held on May 8, 2003. The area is shown in Exhibit A. The work to install the improvements has been completed, and the final costs are known. The final costs are shown in Exhibit B. Based on these final costs, the final assessments for each property have been determined and appear as Exhibit C, Assessment Roll. The Board is requested to confirm and levy these final assessments and to authorize a Notice of Assessment to be recorded. A resolution has been prepared, which, if adopted, will confirm and levy assessments and authorize the recording of the Notice. This resolution is included as Exhibit D. RECOMMENDED BOARD ACTION: Adopt a resolution confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for Arbor Lane CAD No. 2002 -4, District Project 5644. Page 1 of 8 U: \Position Papers \Swanson\Arbor Lane Final Assessment PP.doc 0 n nl F PNO aEEO ES 1�t m / ARBOR W %o CERVATO DR BERNIE W ao o SITE A L M O UVORNA RD LOCATION MAP 0 80 160 FEET CAD AREA EXISTING CAD CAD PARTICIPANTS SEWER SEWER Central Contra costa ASSESSMENT DIAGRAM Attachment Sanitary District ARBOR LANE ' CAD NO. 2002-04 A DISTRICT PROJECT NO. 5644 Page 2 of 8 EXHIBIT B ARBOR LANE CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2002-4 ARBOR LANE COSTS; SIX PARCELS FINAL COST REPORT — APRIL 7, 2005 ITEM AMOUNT Construction 8 -inch Sewer Standard Manholes 4 -inch Laterals (1) Street Overlay Subtotal Construction Costs $50,282 Payments by non - participants for roadwork ($5,067) Total Construction Cost $45,215 Private Engineering Survey and Design $2,935 Other Agency Fees $2,129 Total Private Engineering Cost $5,064 District Services Plan Review $640 Construction Inspection $1,256 Administrative Charges $750 Total District Costs $2,646 PROJECT COST SUBTOTAL (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT $52,925 RESERVE FUND - 5% OF CONSTRUCTION COST $2,261 TOTAL PROJECT COST $55,186 (1) For portion of lateral sewer in street or right -of -way. WPosition Papers \Swanson\Arbor Lane Final Assessment PP.doc Page 3 of 8 EXHIBIT B (continued) ARBOR LANE CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2002 -4 BERNIE LANE COSTS; FOUR PARCELS FINAL COST REPORT — APRIL 7, 2005 ITEM AMOUNT Construction 8 -inch Sewer Standard Manholes 4 -inch Laterals (1) Street Overlay Subtotal Construction Costs $91,490 Payments by non - participants for roadwork ($6,460) Total Construction Cost $85,030 Private Engineering Survey and Design $6,159 Other Agency Fees (2) $5,769 Total Private Engineering Cost $11,928 District Services Plan Review $881 Construction Inspection $1,734 Administrative Charges $750 Total District Costs $3,365 PROJECT COST SUBTOTAL (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT) $100,323 RESERVE FUND - 5% OF CONSTRUCTION COST $4,252 TOTAL PROJECT COST $104,575 (1) For portion of lateral sewer in street or right -of -way. (2) Includes a $5,000 reserve for easement acquisition from the Flood Control District. U: \Position Papers \Swanson\Arbor Lane Final Assessment PP.doc Page 4 of 8 EXHIBIT C ARBOR LANE CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2002 -4 FINAL ASSESSMENT ROLL ASSESSMENT NUMBER PARCEL DESCRIPTION PREPAID AMOUNT TAX ROLL ASSESSMENT AMOUNT (10 -YR EQUAL PAYMENTS ) (1 1 187- 120 -002 -4 $7,131.94 2 $958.76(2) 2 187- 120 -020 -8 $8,820.83 $1,185.80 3 187- 120 -018 -2 $8,820.83 $1,185.80 4 187- 120 -019 $8,820.83 $1,185.80 5 187 - 120 -021 -6 $8,820.83 $1,185.80 6 187- 120 -044 -8 $8,820.83 $1,185.80 7 187- 120 -025 -7 $25,080.75 $3,371.64 8 187- 120 -014 -1 $25,080.75 $3,371.64 9 187- 120 -042 -2 $25,080.75 $3,371.64 10 187- 120 -041 -4 $25,080.75 $3,371.64 (1) Interest rate for annual assessments is 6.00% (2) The amount of Assessment No. 1 is less than for other properties on Arbor Lane because the roadwork portion of the assessment was prepaid by the owner. By prior agreement, the Assessment No. 6 owners are responsible for paying the remaining amount of Assessment No. 1, as well as the assessment on their own parcel. The Assessment No. 1 owners will not owe a reimbursement to the Assessment No. 6 owners. U: \Position Papers \Swanson\Arbor Lane Final Assessment PP.doc Page 5 of 8 EXHIBIT D RESOLUTION NO. 2005- RESOLUTION CONFIRMING AND LEVYING FINAL ASSESSMENTS AND AUTHORIZING RECORDING ARBOR LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -4 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board has taken a series of actions preliminary to establishing final assessments for Arbor Lane Contractual Assessment District No. 2002 -4, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: 1. The Board adopted its Resolution of Intention (Resolution No. 2002 -050) to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Curtis W. Swanson, Engineer of Work, to prepare the report required by Section 5989.22 of the Streets and Highways Code. 2. Pursuant to Resolution No. 2002 -051, the Board approved a map showing the boundaries of the land benefited by the proposed improvement. A copy of the boundary map was filed in the office of the County Recorder of the County of Contra Costa in the Book of Assessment and Community Facilities Districts. The improvement is generally described as follows: Design and construction of approximately 810 linear feet of sanitary sewer line, together with appurtenant work and facilities located along Arbor Lane and Bernie Lane in Alamo, California. 3. The Board established May 8, 2003, as the date for a public hearing to create the Arbor Lane Contractual Assessment District No. 2002 -4. 4. The owners of record were provided ballots 45 days before the hearing on which owners could indicate approval of or opposition to the imposition of assessments. WPosition Papers \Swanson\Arbor Lane Final Assessment PP.doc Page 6 of 8 5. The Board of Directors conducted a public hearing on May 8, 2003, pursuant to Section 5898.26 of the Streets and Highways Code and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment Program, the improvement and the extent of the Assessment District. 6. The Board found that no written protests against the proposed improvement were made by owners representing more than one half of the area of the land to be assessed for the improvement. 7. The Board approved the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report, one of which was a table of estimated assessments. 8. The Board found that the Engineer's Report, fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the Agreement between the owners and District and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. A draft version of the Agreement, within which the owners voluntarily and unanimously agreed to the imposition of an assessment, was attached as an exhibit to the Engineer's Report and was incorporated by reference. 9. Lastly, the Board ordered the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. The work on the improvement has been completed pursuant to a private agreement entered into by the owners, and was accepted on August 14, 2003. The final costs for the improvement have been determined; the final assessments for each property have been determined; and a Notice of Assessment will be sent to each property owner after the Board confirms the final assessments. 11. The final assessments for each property appear on the Assessment Roll. The Board hereby confirms and levies each individual final assessment as stated in the Assessment Roll. 12. Payment of all or any part of such final assessments may be made at the office of the Controller, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, California 94553. The deadline for receipt of such payment by the Controller is the close of business on June 15, 2005. Thereafter, unpaid assessments will be payable in yearly installments of principal and interest at 6.00 percent compounded annually over a period of ten (10) years. U: \Position Papers \Swanson\Arbor Lane Final Assessment PP.doc Page 7 of 8 PASSED AND ADOPTED this 21st day of April, 2005, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: 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 Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm District Counsel U: \Position Papers \Swanson\Arbor Lane Final Assessment PP.doc Page 8 of 8 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 No.: 3.e. CONSENT CALENDAR Type of Action: HUMAN RESOURCES subject: AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR MARK LAFFERTY, MAINTENANCE TECHNICIAN III, MECHANICAL, THROUGH MAY 5, 2005 Submitted By: James M. Kelly Initiating Dept /Div.: Operations/ Director of Operations Plant Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: ISSUE: Board of Directors' authorization is required for a medical leave of absence without pay in excess of 30 days. RECOMMENDATION: Authorize medical leave of absence without pay for Mark Lafferty, Maintenance Technician III, Mechanical. FINANCIAL IMPACTS: Minimal ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay. BACKGROUND: Mark Lafferty, Maintenance Technician III, Mechanical, has been off of work since March 9, 2005, due to a medical condition. Since Mr. Lafferty has not been employed by the District for at least 12 months, he is ineligible for Family Medical Leave. We request that Mr. Lafferty be granted a medical leave of absence without pay until May 5, 2005. Mr. Lafferty's status will be reviewed at that time, and further Board action will be requested if appropriate. RECOMMENDED BOARD ACTION: Authorize medical leave of absence without pay for Mark Lafferty, Maintenance Technician III, Mechanical, through May 5, 2005. Page 1 of 1 SACorrespondence\Position Papers\2005 \Lafferty -Leave of Absence.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 No.: 3.f. CONSENT CALENDAR Type of Action: ESTABLISH HEARING DATE subject: ESTABLISH MAY 19, 2005 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON THE DRAFT FISCAL YEAR 2005 -06 CAPITAL IMPROVEMENT BUDGET /2005 TEN -YEAR CAPITAL IMPROVEMENT PLAN Submitted By: Initiating Dept /Div.: Gail Chesler, PhD Engineering /Environmental Services Associate Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION. G Chesler R. Schmidt C. Swanson A. Farrell har eq Gener ISSUE: The District's draft Fiscal Year (FY) 2005 -06 Capital Improvement Budget/2005 Ten -Year Capital Improvement Plan (CIB /CIP) has been prepared by staff. A date for a public hearing to receive comments on the document should be established. RECOMMENDATION: Establish May 19, 2005 as the date for a public hearing to receive comments on the draft CIB /CIP. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The FY 2005 -06 CIB will establish near -term project priorities and authorize budgets for the Treatment Plant, Collection System, General Improvements, and Recycled Water Programs. Detailed information for projects that are anticipated to be active in FY 2005 -06 is presented in the CIB document. The 2005 Ten -Year CIP will provide the basis for policy decisions concerning the District's Capital Improvement Program and management of the Sewer Construction Fund. The CIP also serves as the framework for fee analysis. On April 14, 2005, the Board of Directors met with District staff in a workshop session to review the draft CIB /CIP. It is appropriate to receive comments in a formal public hearing prior to consideration of the CIB /CIP for approval. This public hearing has been tentatively scheduled for the Board's regular meeting on May 19, 2005. A staff presentation will be made at that time. RECOMMENDED BOARD ACTION: Establish May 19, 2005 as the date for a public hearing to receive comments on the draft CIB /CIP. UAPosition Papers \Chester \PublicHearing -FY 05 -06 CIB Imp Plan.DOC Page 1 Of 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 No.: 3.g. CONSENT CALENDAR Type of Action: REJECT CLAIM subject: REJECT CLAIM FOR DAMAGES BY EDWIN WOLSKE AND NANCI OBERG REGARDING PROPERTY LOCATED AT 35 CREST ROAD, LAFAYETTE, CALIFORNIA submitted ay: Randall M. Musgraves Initiating Dept. /Div.: REVIEWED AND RECOMMENDED FOR BOARD ACTION. 7� K. Greer R. usgr� es K. Alm General ISSUE: The District received a claim for alleged damages to the home located It 35 Crest Road, Lafayette, California. The Board must take action on the claim. RECOMMENDATION: Reject the claim. FINANCIAL IMPACTS: There are no immediate financial impacts for rejection of the claim. ALTERNATIVES /CONSIDERATIONS: The alternative to this action is to negotiate a settlement with the claimant. BACKGROUND: The District received a claim on March 31, 2005 for alleged damages due to land subsidence to the home of David and Loryn Lindsey for an unspecified amount. The Lindsey's have filed a suit against Mr. Edwin Wolske, a licensed general building contractor, and his wife, Ms. Nanci Oberg on October 1, 2004 in Contra Costa County Superior Court. A claim has been filed with the District by Mr. Lawrence Baker, the attorney for Mr. Wolske and Ms. Oberg, stating that work done by the District in December 2003, or sewer leaks, may have caused the landslide. District staff has no information to support this claim. RECOMMENDED BOARD ACTION: Deny the claim submitted by Mr. Lawrence Baker, representing Mr. Wolske and Ms. Oberg, and direct staff to send a rejection letter to the claimant and attorney. SMI)MUSECRETARY OF THE DISTRICT\Agendas \PP Reject Claim.DOC Page 1 Of 1 PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO AMEND DISTRICT CODE SECTION 6.12.090 "SCHEDULE OF CAPACITY FEES, RATES, AND CHARGES" SUGGESTED AGENDA April 21, 2005 I. Request Staff Report II. Hearing A. Open Hearing B. Receive comments, if any C. Close Hearing III. Discussion IV. Recommended Actions: A. Adopt proposed Ordinance to amend District Code Section 6.12.090 "Schedule of Capacity Fees, Rates, and Charges" UAPosition Papers\Miyamoto -Mills \Capacity Fees, Rates\Agenda- Schedule of Cap Fees.DOC Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 No.: 4.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.: Principal Engineer Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: )."I ^y J. Miyamoto -Mills C. Swanson A. Farrell K. Alm General 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 $800,000 per year in additional Capacity Fee revenue. 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 homebuilders' associations statewide. The last review of the District's Capacity Fees was completed in 2003. Since 2001, the method for determination of the fee has been a "buy -in -to -all assets" approach. This provides 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 $1.2 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. 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 U: \Position Papers \Miyamoto -Mills \Capacity Fees, Rates \Schedule of Capacity Fees PP.DOC Page 1 of 12 POSITION PAPER Board Meeting Date: April 21, 2005 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 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. The proposed Capacity Fees are as follows: Fee Category Current (2001) Proposed % change Gravity Zone Fee $3,983 per RUE $4,150 per RUE 4.2% Pumping Zone Fee $4,971 per RUE $5,481 per RUE 10.3% 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. U: \Position Papers \Miyamoto -Mills \Capacity Fees, Rates \Schedule of Capacity Fees PP.DOC Page 2 of 12 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 draft "Fiscal Year 2005 -06 Capital Improvement Budget and 2005 Capital Improvement Plan," and the "Report Regarding the Capacity Fee Proposal" dated March 2005; 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 April 7 and April 12, 2005; and Page 3 of 12 Ordinance No. Page 2 WHEREAS, a properly noticed public hearing regarding the proposed Capacity Fee Program revisions was held on April 21, 2005, 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 July 1, 2005. Page 4 of 12 Ordinance No. Page 3 PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 21St day of April, 2005, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED as to form: Kent Alm, Counsel for the District President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Page 5 of 12 Exhibit A 6.12.90 Schedule of Capacity Fees, Rates, and Charges The Board of Directors has 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 reserve 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 6 of 12 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 October 6, 2003. 6.12.090 Gravity Capacity Fee: $ 4,150 /RUE* Pumping Capacity Fee: $ 1,331/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(1) Number of RUE = Unit of Measure Count Multiplied by the RUE factor Gravity Pumping. Eligible for Use Unit of Capacity Capacity Capacity Code User Group Measure Fee Fee Use Charge (1,2) RUE RUE Factor Factor Program * =Yes LU Single-family residences Dwelling unit 1.000 1.000 LA Multiple - family Dwelling unit 1.000 1.000 residences, apartments LM Mobile homes Dwelling unit 1.000 1.000 LC Common areas 1,000 s . ft. 0.200 0.200 AB Auto 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/ 1,000 sq. ft. 0.432 0.467 maintenance AS I Service stations 1,000 s . ft. 10.432 0.467 (1) Fees for multi -use buildings shall be determined by considering each use separately. (2) "Unit -of- measure" shall mean the basic unit that 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 7 of 12 SCHEDULE OF CAPACITY FEES, RATES, AND CHARGES — CONTINUED Use Code 1 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/ et 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 I 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 Bowling alleys 1,000 sq. ft. 0.311 0.336 BZ Miscellaneous commercial 1,000 sq. ft. 0.510 0.551 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 (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 12 SCHEDULE OF CAPACITY FEES, RATES, AND CHARGES — CONTINUED 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 Hos itals 1,000 sq. ft. 2.891 3.124 LH Hotels /motels 1,000 sq. ft. 11. 166 1.272 CH Churches 11,000 sq. ft. 10.242 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 that 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 12 SCHEDULE OF CAPACITY FEES, RATES, AND CHARGES — CONTINUED (1) Fees for multi -use buildings shall be determined by considering each use separately. (2) "Unit -of- measure" shall mean the basic unit that 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 12 Eligible for Capacity Gravity Pumping Use Capacity Capacity Charge Fee Fee Program Use Unit of RUE RUE Code User Group Measure 2 Factor Factor * =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 that 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 12 SCHEDULE OF CAPACITY FEES, RATES, AND CHARGES — CONTINUED Special Studies Type IFee Required by District 3 $0 Initiated by User Actual Cost, $490 Minimum The following user groups require a special study to determine the capital improvement fee. Use Use Use Code User Group Code User Group Code User Group BP Parking lots IE Electronic -- Improvements industries w/ arba a disposals CM Cemeteries/ IH Heavy industries -- Public facilities mortuaries EP Parks/ IP Permitted industries -- Special billings playgrounds ES Swimming pools IR Laboratories / - Utilities research facilities EF Large fitness /athletic clubs LR Residence hotels Values for use in the RUE formula in Section 6.12.050(D)(2) shall be: FLORU = 200 gpd BODRU = 200 mg /I TSSRU = 215 mg /I A = 0.69 B = 0.14 C =0.17 Page 11 of 12 SCHEDULE OF CAPACITY FEES, RATES, AND CHARGES - CONTINUED Capacity Use Charge Program The minimum "initial payment' threshold gravity capacity fee RUE factor shall be 1.166 RUE /per 1,000 sq. ft. Capacity Charge Capacity Use "Initial Payment" Charge Rates Gravity Pumping Current Capacity Fee Capacity Fee Year RUE Factor RUE Factor ($ /Month Use (RUE /1,000 (RUE /1,000 1,000 Sq. Annual Code User Group S . Ft. ) S . Ft. ) Ft. $ /HCF AC Car washes 1.166 22.829 $710.77 $3.83 AW Car washes, with 1.166 3.805 $ 83.89 $2.71 recycling BL Laundromats 1.166 14.594 $439.40 $3.70 HP Hospitals 1.166 3.124 $ 61.42 $2.42 RB Bakeries 1.166 2.178 $103.09 $5.82 retail RS Restaurants 1.166 2.738 $101.27 $4.55 dine -in RT Restaurants 1.166 2.738 $101.27 $4.55 (paper service/ no dishwashers SF Skilled nursing 1.166 2.347 $ 37.39 $1.92 facilities The annual interest rate for calculation of capacity use charges shall be established in Section 6.30.010 E-4 of this Code. Page 12 of 12 PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO AMEND DISTRICT CODE SECTION 6.30.010 "SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES" SUGGESTED AGENDA April 21, 2005 Request Staff Report II. Hearing A. Open Hearing. B. Receive comments, if any. C. Close Hearing. III. Discussion IV. Recommended Actions: A. Adopt proposed Ordinance to amend District Code Section 6.30.010 "Schedule of Environmental and Development - Related Rates and Charges." CADOCUME -1 Vlopez .000 \LOCALS -1 \Tem p\AGENDA -1. DOC Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 No.: 4.b. HEARINGS Type of Action: CONDUCT A PUBLIC HEARING; ADOPT ORDINANCE subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON, AND CONSIDER ADOPTING A PROPOSED ORDINANCE TO REVISE DISTRICT CODE CHAPTER 6.30 "SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT- RELATED RATES AND CHARGES" Submitted By: Initiating Dept. /Div.: Kurt Darner Engineering/ nvironmental Services Supervising Engineering Assistant REVIEWED AND RECOMMENDED FOR BOARD ACTION: 40L K' K. rner T amoto -Mills C. Swanson A. Farrell harles att , General Mana r ISSUE: The District Code requires that a public hearing be held prior to the Board of Director's consideration of an ordinance to revise Chapter 6.30 "Schedule of Environmental and Development - Related Rates and Charges." RECOMMENDATION: Conduct a public hearing to receive comments regarding a proposed ordinance to revise District Code Chapter 6.30 "Schedule of Environmental and Development - Related Rates and Charges." Adopt the ordinance. 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 environmental and development - related services. If adopted, the additional revenue generated by these increases in 2005 -06 would total about $150,000 to $200,000, or about 0.2 to 0.3 percent of total District revenue. This is in addition to the approximately $1.5 million per year currently generated through application of these rates and charges. 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, septic and grease waste haulers, and permitted industrial users. These services include permit counter assistance, plan review, inspection of construction for laterals and main line extensions, posting of new sewers, parcels, and permit information to District maps, administration of Source Control permits and inspections, and septage and grease permitting sampling and treatment. The last comprehensive review of these rates and charges occurred in 2003. District staff periodically reviews the rates and charges to assess whether changes are appropriate. This year, the District has reevaluated the rates and charges for the WPosition Papers \Darner \Rates and Charges Ch 6.30.DOC Page 1 of 13 POSITION PAPER Board Meeting Date: April 21, 2005 subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON, AND CONSIDER ADOPTING A PROPOSED ORDINANCE TO REVISE DISTRICT CODE CHAPTER 6.30 "SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT- RELATED RATES AND CHARGES" categories of Development Plan Review, Construction Inspection, Collection System Operations services, Right -of -Way, and Miscellaneous. No changes are proposed for the categories of Industrial Permit Fees and Septage /Grease Disposal. The District's financial constraints and the State's mandate that revenues from these sources not exceed the cost of providing services warranted a review of these rates and charges at this time. Following this review, staff recommended that several rates and charges be increased, a few be decreased or remain unchanged, some new charges be added, and a few others eliminated. Attachment 1 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) an increase in the total direct and indirect costs of staff labor of 15.6 percent since 2003; and 2) reevaluation of 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 reevaluation. New rates and charges were developed for services not previously assessed and others were added or deleted to simplify administration. Attachment 2 presents the effect of the proposed rates and charges on typical projects (single - family house connection and various main line extensions). The total increases in rates and charges for these sample projects range from a reduction of 1.8 percent to an increase of 13.7 percent. Also shown are the fees charged by nearby agencies for similar projects. Notices of the public hearing were posted and published in the Contra Costa Times. In addition, the proposed 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 Building 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 Environmental and Development - Related Rates and Charges." Adopt the ordinance. Page 2 of 13 UAPosition Papers\Darner\Rates and Charges Ch 6.30.DOC A I FACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT AND PROPOSED RATES & CHARGES (2005) Fee Category Current Fee 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): Base Fee $215 $385 NEW Per Foot Charge (in street) $3.45 NEW $3.21 Per Foot Charge (in undeveloped land) $3.45 $2.57 Minimum Charge $615 DELETED Each additional plan review: Base Fee $70 $128 Per Foot Charge $1.15 $1.07 Special Cut Sheet Review $140 $163 Manhole only plan review 35 $355 NEW Manhole only design & plan review DE LET LET ED NEW Right of Way document review - IOD / Sub Map (each): $445 NEW Right of Way document review - Appurtenance (initial): $470 $445 NEW Appurtenance (each additional) $439 NEW Commercial development plan check (new connections) - - - -- $227 - - No change of use - -- $153 Change of use No Charge DELETED $95 /review DELETED (A -2) Application Fees New parcel - new service $180 Existing lot - new service $192 $105 $109 Side sewer repair $83 Commercial application - no change of use $75 No Charge Commercial application - change of use DELETED $170 $165 Capacity Use Program $90 $146 (A -3) Reimbursement Accounts: Set -up fee $660 $665 Transaction fee $135 $148 (A -4) Commercial Business Review (added square footage, food NEW service, Source Control Review) --- -- $100 (A -5) Private pumping system plan check Pump with Outside Force Main $670 NEW Pump Only - - - -- $751 $263 (A -6) Right -of -way Research / Encroachment Resolution Fee Actual Expense Actual Expense Plan review - no sewer on property No Charge DELETED Plan review - sewer on property $45 DELETED (A -7) Special Approvals $168 $140 Page 3 of 13 % Change Table 2 Table 2 5.5% -1.4% 6.8% 4.2% 10.3% 3.3% 20.0% 0.8% 9.4% 12.1% 20.0% ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT AND PROPOSED RATES & CHARGES (2005) Fee Category Current Fee 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: Base Fee $465 $575 Per Foot Charge (in street) $6.05 $6.96 Per Foot Charge (in undeveloped land) $3.70 $5.19 Minimum charge $950 DELETED (B -2) NEW Inspections by type: Side Sewer Installation / Repair: NEW 1 - 100 feet $115 NEW 101 - 200 feet $230 NEW 210 - 300 feet $345 NEW 301 feet and over $460 NEW Single Inspection Charge (e.g. sewer connection; encroachment verification; side sewer capon property; tap and lateral (new or replacement); air test _____ $115 NEW Manhole tap; lateral abandonment at main; pipe bursting _____ $230 Manhole Alteration $305 $345 NEW New Manhole; New Rodding Inlet; Outside Pump Installation NEW Grease / Sand / Oil Interceptor / Trap; Trash Enclosure 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) Manhole tap; building connection; lateral abandonment Lateral extension; side sewer repair; pipe bursting; sewer alteration; new manhole or rodding inlet only Full connection; complete side sewer replacement; grease interceptor; trash enclosure Private pump system (pump and full connection) (B -3) Overtime inspection: First Hour Every hour thereafter Weekend /Holiday (New Year's Day, Martin Luther King, President's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving, Christmas) - 4 hr. minimum (B -4) Inspection of non - permitted work (+ avoided charge) $460 1 $690 $100 REVISED (see above) $200 REVISED (see above) $405 REVISED (see above) $605 REVISED (see above) $810 DELETED $73 $80 $50 $54 $223 1 $242 $305 1 $345 % Change Table 2 13.1% 9.6% 8.0% 8.5% 13.1% Page 4 of 13 ATTACHMENT1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT AND PROPOSED RATES & CHARGES (2005) Fee Category Current Fee Proposed Fee (C) COLLECTION SYSTEM SERVICES TV inspection of sewers conducted separate from a construction inspection activity; verification of sewer location and sewer service connection. (C -1) TV Inspection: % Change Engineering - private sewer projects Soil evaluation - private sewer projects Surveying Actual Expense P Actual Expense P Actual Expense Weekday, hourly rate $165 Actual Expense $166 0.6% 6.00% Minimum Charge (2 hr min) $330 $332 0.6% Overtime - First Hour $200 $126 -36.9% Overtime -Each Additional Hour - - - -- $106 Overtime - Weekend / Holiday (4 hr min) $800 $445 - 44.3% (C -2) Dye test $230 $287 20.0% (C -3) (C -4) Collection system repair Cancelled TV Inspection without prior notice Actual Expense P $265 $200 Actual Expense $281 6.0% (C -5) Sewer locating and marking $227 13.5% (D) RIGHT -OF -WAY Establishing right -of -way agreements and resolving conflicts. (D -1) Process quitclaim deeds $100 /HR $786 (D -2) Process real property agreement, license or easement $100 /HR DELETED NEW Base Fee (1 hour) - - - -- $314 NEW Each Additional Hour -"" $89 (E) MISCELLANEOUS District services provided for private sewer projects. (E -1) (E -2) (E -3) Engineering - private sewer projects Soil evaluation - private sewer projects Surveying Actual Expense P Actual Expense P Actual Expense Actual Expense Actual Expense Actual Expense (E -4) Minimum annual interest rate for CADs and Capacity Use Program 6.00% 6.00% Page 5 of 13 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT AND PROPOSED RATES & CHARGES (2005) Fee Category Current Fee Proposed Fee (F) INDUSTRIAL PERMIT FEES Permiting and inspection of industries and other commercial dischargers to ensure availability and use of pretreatment processes. (F -1) I Class I Fees (F -2) (Class II Fees ( *) (F -3) Class III Fees ( *) (F -4) Industrial user permit application fee ( *) (F -5) Special discharge permit application fee ( *) No on -site inspection On -site inspection ( *) (G) SEPTAGE DISPOSAL Sampling and disposal of septic waste and grease. (G -1) Annual permit fee (G -2) Residential septic /toilet waste < 2,000 gallons > 2,000 gallons (G -3) Restaurant grease waste ( * *) < 2 000 II Base permit fee of $3,256 Base permit fee of $3,2: + cost of District's lab + cost of District's lab analysis analysis Base permit fee of $3,256 Base permit fee of $3,2` + cost of District's lab + cost of District's lab analysis analysis Base fee of $351 Base fee of $351 Base fee of $225 Base fee of $225 $65 each Base fee of $345 $1,650 $18 + $0.14/gal $58 + $0.14/gal $65 each Base fee of $345 $1,650 $18+$0.1 $58+$0.1 ga ons $18 + $0.02/gal $18 + $0.02/gal > 2,000 gallons $58 + $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 haracteristics are provided. Page 6 of 13 % Change No Change ATTACHMENT 2 COMPARISONS OF RATES AND CHARGES FOR TYPICAL PROJECTS EXISTING PROPOSED EXAMPLE CCCSD RATES CCCSD RATES & PERCENT Pr CHARGES CHANGE Single House Connection on $4,933 - $5,921 $4,844 - $6,175 Existing Lot (assumed lateral cost: $2,500) [$3,983 - $4,971 -1.8 to 4.3% ] [$4,150 - $5,481] [Numbers in brackets represent the Capacity Fee portion of the total fees] 300 Foot Main Extension in Street (assumed project cost: $45,000) 1,000 Foot Main Extension in Street (assumed project cost: $100,000) 3,000 Foot Main Extension in Undeveloped Land (assumed project cost: $200,000) $3,530 $10,180 $22,130 $4,012 $11,133 $24,251 13.7% 9.4% 9.6% OTHER AGENCIES I OTHER AGENCY TOTALS Dublin San Ramon Services District Mt. View SD Delta Diablo SD (Pittsburg) Concord West County SD Dublin San Ramon Services District Mt. View SD Concord West County SD Delta Diablo SD (Pittsburg) Dublin San Ramon Services District Mt. View SD Concord West County SD Delta Diablo SD (Pittsburg) Dublin San Ramon Services District $11,512 [$11,050] $8,333 [$7,588] $5,727 [$4,975] $3,928 [$3,703] $2,143 [$1,988] $3,030 $4,180 $4,931 $2,250 $5,568 $7,288 $9,650 $11,938 $5,000 $12,350 $20,388 Mt. View SD $20,550 Concord $24,780 West County SD $10,000 Delta Diablo SD (Pittsburg) $25,300 Page 7 of 13 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 ( CCCSD) finds that it is necessary to charge customers of CCCSD and users of CCCSD services for the reasonable cost of providing said services; and WHEREAS, CCCSD 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 for the construction of side sewers and main line extensions, the addition of new sewers; parcels, and permit information to CCCSD 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 CCCSD 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 Rates and Charges 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 July 1, 2005. Page 8 of 13 PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 21st day of April, 2005, 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 Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel Page 9 of 13 CENTRAL CONTRA COSTA SANITARY DISTRICT SUMMARY OF DEVELOPMENT - RELATED RATES & 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): Base Fee $385 Per Foot Charge (in street) $3,21 Per Foot Charge (in undeveloped land) $2.57 Each additional plan review: Base Fee $128 Per Foot Charge $1.07 Special Cut Sheet Review $163 Manhole only design & plan review $593 Right of Way document review - IOD / Sub Map (each): $470 Right of Way document review - Appurtenance (initial): $439 Appurtenance (each additional) $227 Commercial development plan check (new connections) $153 (A -2) Application Fees New parcel - new service $192 Existing lot - new service $109 Side sewer repair $83 Commercial application - change of use $170 Capacity Use Program $146 (A -3) Reimbursement Accounts: Set -up fee $665 Transaction fee $148 A -4 ( ) Commercial Business Review (added square footage, food service, Source Control Review) $100 (A -5) Private pumping system plan check Pump with Outside Force Main $751 Pump Only $263 (A-6) Right -of -way Research / Encroachment Resolution Fee Actual Expense (A -7) Special Approvals $168 Page 10 of 13 CENTRAL CONTRA COSTA SANITARY DISTRICT SUMMARY OF DEVELOPMENT - RELATED RATES & CHARGES 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: Base Fee $575 Per Foot Charge (in street) $6.96 Per Foot Charge (in undeveloped land) $5.19 (B -2) Inspections by type: Side Sewer Installation / Repair: 1 -100 feet $115 101 -200 feet $230 210 - 300 feet $345 301 feet and over $460 Single Inspection Charge (e.g. sewer connection; encroachment verification; side sewer cap on property; tap and lateral (new or replacement); air test $115 Manhole tap; lateral abandonment at main; pipe bursting $230 Manhole Alteration $345 New Manhole; New Rodding Inlet; Outside Pump Installation $460 Grease / Sand / Oil Interceptor / Trap; Trash Enclosure $690 (B -3) Overtime inspection: First Hour $80 Every hour thereafter $54 Weekend /Holiday (New Year's Day, Martin Luther King, President's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving, Christmas) - 4 hr. minimum $242 (B-4) linspection of non - permitted work (+ avoided charge) $345 Ir" i Page 11 of 13 CENTRAL CONTRA COSTA SANITARY DISTRICT SUMMARY OF DEVELOPMENT - RELATED RATES & CHARGES Fee Category Proposed Fee (C) COLLECTION SYSTEM SERVICES TV inspection of sewers conducted separate from a construction inspection activity, verification of sewer location and sewer service connection. (C -1) TV Inspection: Weekday, hourly rate $166 Minimum Charge (2 hr min) $332 Overtime - First Hour $126 Overtime - Each Additional Hour $106 Overtime - Weekend / Holiday (4 hr min) $445 (C -2) Dye test $287 (C -3) Collection system repair Actual Expense (C-4) Cancelled TV Inspection without prior notice $281 (C -5) Sewer locating and marking $227 (D) RIGHT -OF -WAY Establishing right -of -way agreements and resolving conflicts. (D -1) Process quitclaim deeds $786 Base Fee (1 hour) $314 Each Additional Hour $89 (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 (E -4) Minimum annual interest rate for CADs and Capacity Use Program 6.00% Page 12 of 13 CENTRAL CONTRA COSTA SANITARY DISTRICT SUMMARY OF DEVELOPMENT - RELATED RATES & CHARGES Fee Category Proposed Fee (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 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 13 of 13 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 No.: 7.a. ENGINEERING Type of Action: INFORMATIONAL Subject: PROVIDE BOARD WITH INFORMATION REGARDING THE COST OF MAINTAINING THE SHELL PIPELINE AND POTENTIAL ALTERNATIVES AND RECEIVE BOARD DIRECTION Submitted By: Initiating Dept. /Div.: Melody LaBella, Assistant Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: U M. LaBella D. erger /R. Schmidt C. Swanson A. Farr II General ISSUE: When the District purchased the Shell Pipeline in 1994, the exact physical location of the Shell Pipeline had not been surveyed or mapped. Because the exact location is not known, the District's Collection Systems Operation Division (CSOD) locating crews have difficulty marking the Shell Pipeline, when USA utility - locating requests are made, risking potential damage to the pipeline. The cost to locate and map the entire pipeline, most of which is in East Bay Municipal Utility District's ( EBMUD) jurisdiction, is significant. RECOMMENDATION: Provide direction to staff. FINANCIAL IMPACTS: If the District desires to retain the pipeline and maintain it for future use, some investment will be required to properly locate the pipeline. ALTERNATIVES /CONSIDERATIONS: The District could elect to do the following: 1) Continue with current practice of providing limited information when utility - locating requests are received. Over time, the pipeline may be compromised by damage due to conflicting utility projects. 2) Locate, survey, and map only the portion of the pipeline within the Contra Costa Water District (CCWD) service area that could potentially be used as part of a future District recycled water project. 3) Locate, survey, and map the entire pipeline, including the portion in the EBMUD service area. 4) Consider sale of the portion in the EBMUD service area to EBMUD for recycled water use only. 5) If EBMUD is not interested in purchasing the pipeline, obtain consent from Shell to investigate sale of the Shell Pipeline to another party. Paqe 1 of 3 U: \Position Papers \LaBella \Shell Pipeline PP.DOC v POSITION PAPER Board Meeting Date: April 21, 2005 subject: PROVIDE BOARD WITH INFORMATION REGARDING THE COST OF MAINTAINING THE SHELL PIPELINE AND POTENTIAL ALTERNATIVES AND RECEIVE BOARD DIRECTION Three of the possible alternative courses of action involve keeping all or a portion of the pipeline as a District asset, and are described in the following table. Alternative I Estimated Associated Financial Impact 1. Retain ownership of the entire pipeline, receive utility - locating request calls but continue current $0 practice of furnishing available inaccurate data and allow possible damage to the pipeline 2. Retain ownership of and locate the portion of the $48,000 pipeline in CCWD's jurisdiction and offer the (Minus any funds gained from remainder of the pipeline first to EBMUD or then the sale of the pipeline) to another agency /utility for purchase 3. Retain ownership of the entire pipeline and invest in locating, surveying, and mapping the entire line $444,000 BACKGROUND: In 1994, the District purchased a 15 -mile portion of the Shell Pipeline for $1, with the vision of eventually using it to deliver recycled water to the Lamorinda area and Martinez zones. Because of the high cost of bringing the Shell Pipeline into operation for the distribution of recycled water, the Shell Pipeline has not been physically connected to the active recycled water distribution system; it is not currently being used to convey recycled water. The current problem facing the District is the inability to physically locate the pipeline. Most of the test stations used by Shell to energize and locate the pipeline have been lost (buried or paved over) or destroyed over the years. As a result, our CSOD pipe locating crews are unable to physically locate the pipeline for USA utility- locating requests. This situation leaves the pipeline vulnerable to construction activities near the pipeline. Construction drawings provided by Shell at the time of purchase only provide a general idea of the location, and they reference surface features from the early 1960's that, in many cases, are no longer accurate. As a result, the actual location of the Shell Pipeline has not been mapped on the District's 200 -foot scale base maps. In 1999, an agreement was drafted to sell a portion of the Shell Pipeline to EBMUD for $93,129 (District's actual acquisition cost) in order to facilitate delivery of recycled water to the Lamorinda area. The economic viability of this project was driven by two large projects in Orinda. These projects have not materialized, and the Lamorinda project is not currently under consideration. Furthermore, EBMUD has been investigating new, less expensive ways to provide recycled water to their customers. For example, the Palos Colorados development, originally designated as being served by the Shell Pipeline, has been investigating the cost of a satellite recycled water plant for production of recycled water on site to serve the proposed golf course and residential development. Therefore, while EBMUD is a potential purchaser of the pipeline, they LIAPosition Papers \LaBella \Shell Pipeline PP.DOC Page 2 of 3 POSITION PAPER Board Meeting Date: April 21, 2005 Subject: PROVIDE BOARD WITH INFORMATION REGARDING THE COST OF MAINTAINING THE SHELL PIPELINE AND POTENTIAL ALTERNATIVES AND RECEIVE BOARD DIRECTION may no longer be interested. Legally, the District could choose to purvey recycled water within the EBMUD service area using the Shell Pipeline, but would have to negotiate with EBMUD. If EBMUD is not interested in purchasing the pipeline, another alternative that could be more financially feasible would be to obtain consent from Shell to look for other willing buyers who could use the pipeline for some other purpose. This alternative would require written consent from Shell for a new public use, and some additional investment from the District. RECOMMENDED BOARD ACTION: Staff recommends that the Board provide direction to do one of the following: 1) Continue with current practice. 2) Locate a portion or all of the Shell Pipeline and maintain it as a District asset. 3) Authorize staff to offer the portion of the Shell Pipeline in the East Bay Municipal Utility District's jurisdiction for purchase to EBMUD for the distribution of recycled water at a fair price. If EBMUD is not interested, further authorize staff to obtain consent from Shell to pursue other potential buyers. 4) Request additional information for further discussion. Page 3 of 3 UAPosition PapersTaBella \Shell Pipeline PP.DOC Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 21, 2005 No.: 8.a. BUDGET AND FINANCE Type of Action: APPROVE EQUIPMENT BUDGET Subject: APPROVE THE 2005 -2006 EQUIPMENT BUDGET FOR INCLUSION IN THE 2005 -2006 DISTRICT BUDGET Submitted By: Initiating Dept✓Div.: Debbie Ratcliff, Controller Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ratcl'� u aves General ISSUE: The District's 2005 -2006 Equipment Budget is submitted for approval. RECOMMENDATION: Approve the 2005 -2006 Equipment Budget for inclusion in the 2005 -2006 District Budget to be adopted at the June 16, 2005, Board Meeting. FINANCIAL IMPACTS: The 2005 -2006 Equipment Budget totals $734,125, which includes a contingency amount of $60,000. ALTERNATIVES /CONSIDERATIONS: The Board could decide not to approve the Equipment Budget. BACKGROUND: The 2005 -2006 Equipment Budget was submitted for review at a Board Capital Projects Committee Meeting /Board Workshop on March 24, 2005 and is scheduled for approval by the Board on April 21, 2005. The Committee did not suggest any changes to the submitted Equipment Budget The approved 2005 -2006 Equipment Budget will be scheduled for adoption with the 2005 -2006 Staffing Plan, Operations and Maintenance, Self- Insurance Fund, and Capital Improvement Budgets at the June 16, 2005, Board Meeting. RECOMMENDED BOARD ACTION: Approve the 2005 -2006 Equipment Budget for inclusion in the 2005 -2006 District Budget to be adopted at the June 16, 2005, Board Meeting. SADMIMPOSPAPERApprove 2005 -2006 Equipment Budget 04- 21- 05.doc Page 1 of 1