HomeMy WebLinkAbout4/17/2008 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 17, 2008 No.: 3.c. Consent Calendar
Type of Action: ADOPT RESOLUTIONS
subject: ADOPT RESOLUTIONS ACCEPTING A GRANT OF EASEMENT AND
AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO FREDERICK C. MAIDA
AND AUTHORIZING STAFF TO RECORD THE DOCUMENTS WITH THE CONTRA
COSTA COUNTY RECORDER (DISTRICT PROJECT 6427)
Submitted By: Initiating Dept /Div.:
Stephanie Gronlund, Associate Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION: r�*
'." "I – Y PA — S. and J. Mi moto -Mills C. Swanson A. Farrell ames M. elly
i general M nager
ISSUE: A resolution of the Board of Directors is required to accept or quitclaim
easements and record documents.
RECOMMENDATION: Adopt resolutions accepting a Grant of Easement and
authorizing execution of a Quitclaim Deed and authorizing staff to record the documents
with the Contra Costa County Recorder.
FINANCIAL IMPACTS: The property owner has been paid $5,000.00.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Frederick C. Maida, real property owner of 3626 Brook Street,
Lafayette, has been cooperating with the District to relocate and formalize the location
of the public sewer on his property to alleviate any encroachment issues and to
accurately reflect the record description of the easement with the actual location of the
sewer pipeline in the ground. The property owner agreed to grant a new easement to
the District in exchange for a quitclaim of the existing easement, which will accurately
reflect the location of the sewer pipeline.
RECOMMENDED BOARD ACTION: Adopt resolutions accepting a Grant of Easement
and authorizing the President of the Board of Directors and the Secretary of the District
to execute a Quitclaim Deed to Frederick C. Maida, and authorizing staff to record the
documents with the Contra Costa County Recorder.
N: \ENVRSEC \Position Papers \Gronlund\2008 \6427 PP GOE QC Maida 4- 17- 08.doc
LEGEND:
- -- NEW EASEMENT LINE
- - - -• -- OLD EASEMENT LINE
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Central Contra Costa Attachment
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3626 BROOK STREET
' EASEMENTS
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
im-
Board Meeting Date: April 17, 2008 No.: 3.d. Consent Calendar
Type of Action: SET HEARING DATE
subject: ADOPT A RESOLUTION ESTABLISHING MAY 15, 2008 AS THE DATE FOR
A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF RELIEZ VALLEY
ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -3
Submitted By: Initiating Dept. /Div.:
Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
R. Leavitt C. Swanson A. Farrell
K. Alm
M. Kely
Manager
ISSUE: A public hearing is required to establish the Reliez Valley Alhambra Valley
Assessment District (AVAD) No. 2007 -3. A public hearing is also required to create an
assessment district pursuant to the procedure adopted under Proposition 218, which
amended the California Constitution, Article XIII D, Section 4.
RECOMMENDATION: Adopt a resolution establishing May 15, 2008 as the date for a
public hearing regarding Reliez Valley AVAD No. 2007 -3 pursuant to California
Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections
5898.20 and 5898.24.
FINANCIAL IMPACTS: There are minor costs for publishing a legal notice advertising
the public hearing and for staff preparation and attendance. These costs will eventually
be paid by the AVAD participants. Subsequent approval of the Reliez Valley AVAD
would commit the District to fund up to $326,315 in sewer improvements.
ALTERNATIVES /CONSIDERATIONS:
Select a later date for the public meeting - This would delay the AVAD
proceedings. since the holding of a public hearing is required by law.
2. No action by the Board - No action will delay the AVAD proceedings until a
different public hearing date is set since the holding of a public hearing is
required by law.
BACKGROUND: On December 6, 2007, the Board of Directors adopted a resolution of
intention to create Reliez Valley AVAD No. 2007 -3 for the purpose of installing sewer
improvements on Reliez Valley Road in unincorporated Martinez. The proposed Reliez
Valley AVAD No. 2007 -3 complies with the AVAD policy approved at the November 2,
2006 Board of Directors meeting. Fourteen properties could be served by a Reliez
Valley public sewer. As required by Proposition 218, an Engineer's Report estimating
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Set Public Hearing May 15 for Reliez Valley AVAD 2007 -3 4- 17- 08.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: April 17, 2008
subject: ADOPT A RESOLUTION ESTABLISHING MAY 15, 2008 AS THE DATE FOR
A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF RELIEZ VALLEY
ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -3
assessments for properties within the AVAD has been prepared and distributed. District
staff will provide the engineer's report to Board members upon request. It is now
appropriate to schedule a public hearing to offer interested parties the opportunity to
comment on the proposed assessments and related issues. A resolution has been
prepared (Attachment 1), which, if adopted, will set the date of the public hearing for
May 15, 2008.
RECOMMENDED BOARD ACTION: Adopt a resolution establishing May 15, 2008 as
the date for a public hearing to consider the establishment of Reliez Valley Alhambra
Valley (AVAD) No. 2007 -3 pursuant to California Constitution, Article XIII D, Section 4,
and Streets and Highways Code, Sections 5898.20 and 5898.24.
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Set Public Hearing May 15 for Reliez Valley AVAD 2007 -3 4- 17- 08.doc Page 2 of 2
ATTACHMENT 1
RESOLUTION NO. 2008-
RESOLUTION SETTING HEARING OF PROTESTS ON
RELIEZ VALLEY ALHAMBRA VALLEY ASSESSMENT DISTRICT
(AVAD NO. 2007 -3)
WHEREAS, on December 6, 2007, this Board of Directors adopted Resolution
2007 -186 expressing the intent of the District to proceed with the Reliez Valley
Alhambra Valley Assessment District (AVAD) No. 2007 -3 for the purpose of installing
sewer improvements on Reliez Valley Road in unincorporated Martinez, CA; and
WHEREAS, at the direction of this Board of Directors, Curtis W. Swanson,
Environmental Services Division Manager, as Engineer of Work for improvement
proceedings for Reliez Valley AVAD No. 2007 -3, Central Contra Costa Sanitary District,
Contra Costa County, California, has prepared a report described in Section 5898.22 of
the Streets and Highways Code (Municipal Improvement Act of 1911); and
WHEREAS owners of each affected parcel will be provided written notice of the
proposed assessment and ballot to indicate approval or opposition of the assessment
pursuant to the procedures required by California Constitution Article XIII D, Section 4,
as amended by Proposition 218;
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary
District resolves:
1. This Board sets 2 PM on May 15, 2008 at the Meeting Room of the Board
of Directors, 5019 Imhoff Place, Martinez, California, as the time and place
for hearing protests to the proposed improvements and the creation of the
proposed Alhambra Valley Assessment District and assessment.
NAENVRSEMPosition Papers \Leavitt\2008 \Res Set Pub Hearing Reliez Valley AVAD 2007 -3 4- 17- 08.doc
2. The Secretary of the District is directed to publish and mail the notices of
improvement required by the Municipal Improvement Act of 1911, and to
file affidavits of compliance.
PASSED AND ADOPTED this 17th day of April 2008, by the Board of Directors
of the Central Contra Costa Sanitary District by the following votes:
AYES: Members:
NOES: Members:
ABSENT: Members:
Gerald R. Lucey
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
Secretary, Central Contra Costa Sanitary District
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Alm
District Counsel
NAENVRSEMPosition Papers \Leavitt\2008 \Res Set Pub Hearing Reliez Valley AVAD 2007 -3 4- 17- 08.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 17, 2008 No.: 3.e. Consent Calendar
Type of Action: SET DATE FOR PUBLIC HEARING
subject: SET DATE FOR PUBLIC HEARING ON MAY 15, 2008 TO RECEIVE PUBLIC
COMMENT ON THE DRAFT FISCAL YEAR (FY) 2008 -09 CAPITAL IMPROVEMENT
BUDGET AND 2008 TEN -YEAR CAPITAL IMPROVEMENT PLAN DOCUMENT
Submitted By: Initiating Dept /Div.:
Earlene Millier, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
E. Millier G. Chesler
�A�
C. Swanson
X Farrell
�X4 -
Marries Kelly
eneral Manager
ISSUE: The District's draft FY 2008 -09 Capital Improvement Budget (CIB) and 2008
Ten -Year Capital Improvement Plan (CIP) has been prepared by staff. A date for a
public hearing to receive comments on the document should be set.
RECOMMENDATION: Set the date for a public hearing on May 15, 2008 to receive
public comment on the draft CIB /CIP document, which includes the Equipment Budget
and the Information Technology Plan.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: The FY 2008 -09 CIB will establish project priorities and authorize
budgets for the Treatment Plant, Collection System, General Improvements, and
Recycled Water Programs. Contained within the General Improvements Program of the
document are the Equipment Budget and the Information Technology Plan. Detailed
information for projects that are anticipated to be active in FY 2008 -09 is presented in
the CIB document. The 2008 Ten -Year CIP contains projected projects beginning with
the FY 2008 -09 CIB and continuing for the following nine years, and will provide the
basis for policy decisions concerning the District's Capital Improvement Program
funding and management of the Sewer Construction Fund balance.
On April 10, 2008, the Board of Directors met with District staff in a special meeting to
review the draft CIB /CIP. It is District practice to receive comments in a formal public
hearing prior to consideration of the CIB /CIP, and the included Equipment Budget and
Information Technology Plan, for approval. This public hearing is proposed to be
scheduled for the Board's regular meeting on May 15, 2008. A staff presentation will be
made at that time.
RECOMMENDED BOARD ACTION: Set the date for a public hearing on May 15, 2008
to receive public comment on the draft CIB /CIP document, which includes the
Equipment Budget and Information Technology Plan.
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 17, 2008 No.: 3.f. Consent Calendar
Type of Action: Human Resources
Subject: AUTHORIZE EXTENSION OF MEDICAL LEAVE OF ABSENCE
WITHOUT PAY FOR BUILDINGS AND GROUNDS SUPERVISOR
HARRY WYLES UNTIL SEPTEMBER 30, 2008
Submitted By: Douglas J. Craig, Initiating Dept. /Div.: Plant Operations
Director of Operations
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
raig C. Freitas James M. elly,
General Manager
ISSUE: Board of Directors' authorization is required for a medical leave of absence
without pay in excess of 30 days.
RECOMMENDATION: Authorize extension of medical leave of absence without pay for
Buildings and Grounds Supervisor Harry Wyles.
FINANCIAL IMPACTS: Minimal
ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay.
BACKGROUND: Buildings and Grounds Supervisor Harry Wyles has been off of work
since October 9, 2007, due to a medical condition. We request that the Board grant
Mr. Wyles an extension of his medical leave of absence without pay through
September 30, 2008. Mr. Wyles' status will be reviewed at that time, and further Board
action will be requested if appropriate.
RECOMMENDED BOARD ACTION: Authorize extension of medical leave of absence
without pay for Buildings and Grounds Supervisor Harry Wyles through September 30,
2008.
N: \POSUP \Correspondence \Position Papers\2008 \Wyles Leave of Absence Ext.doc
4.a. Hearings
PUBLIC HEARING TO RECEIVE COMMENTS ON
A PROPOSED ORDINANCE AMENDING
DISTRICT CODE SECTION 6.12.090
AND ADOPTING AN UNCODIFIED
"SCHEDULE OF CAPACITY FEES, RATES AND CHARGES"
SUGGESTED AGENDA
April 17, 2008
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 amending District Code Section 6.12.090, and
adopting an uncodified "Schedule of Capacity Fees, Rates and Charges."
NAENVRSEC \Position Papers \Miyamoto- Mills\2008Wgenda for Public Hearing Capacity Fees 4- 17- 08.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 17, 2008 No.: 4.a. Hearings
Type of Action: CONDUCT A PUBLIC HEARING; ADOPT ORDINANCE
subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN
ORDINANCE AMENDING DISTRICT CODE SECTION 6.12.090, AND ADOPTING
AN UNCODIFIED "SCHEDULE OF CAPACITY FEES, RATES AND CHARGES"
Submitted By: Initiating Dept. /Div.:
Jarred Miyamoto - Mills, Principal Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
)01",- - P�% Z
J. yamoto -Mills . Swanson . Farrell X Alm James
General
ISSUE: The District Code requires that a public hearing be held prior to the Board of
Directors' adoption of an ordinance to amend District Code Section 6.12.090, and
adopting an uncodified "Schedule of Capacity Fees, Rates and Charges."
RECOMMENDATION: Conduct a public hearing to receive comments regarding a
proposed ordinance amending District Code Section 6.12.090 and adopting an
uncodified "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 $630,000 in 2008 -09 in additional Capacity Fee revenue based on connection of
600 Residential Unit Equivalents (RUE) in the gravity zone and 750 RUE in the pumped
zone.
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 2007. 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 (over $1.5 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,
N: \ENVRSEC \Position Papers \Miyamoto -Mills \2008 \PP Conduct Hearing Capacity Fees 4- 17- 08.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: April 17, 2008
subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN
ORDINANCE AMENDING DISTRICT CODE SECTION 6.12.090, AND ADOPTING
AN UNCODIFIED "SCHEDULE OF CAPACITY FEES, RATES AND CHARGES"
replacement or upgrading of facilities to maintain capacity for both current and
prospective customers. Charging a Capacity Fee based on a buy -in -to -all- assets at the
time of connection to the public sewer 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 (2007) Proposed % change
Gravity Zone Fee
$ 4,524
$ 4,923
8.8%
Pumping Zone Fee
$ 5,990
$ 6,509
8.7%
The proposed fee increases result principally from: 1) the investment of nearly $40
million in additions, upgrades, renovation, and replacement of capital facilities; and 2)
correcting the tabulation of District assets to include the value of sewer renovation
projects completed between 1988 and 2001.
Staff conducted a coordinated outreach program to inform and solicit input from
interested customers regarding the proposed Capacity Fees and the proposed
Environmental and Development - Related Fees, Rates and Charges. Notices of the
public hearing were posted and published in the Contra Costa Times. In addition,
nearly 400 letter reports including the proposed schedule of rates and charges were
distributed to developers, engineers, architects, contractors, and representatives of the
Home Builders Association of Northern California, the Engineering and Utilities
Contractors' Association, the Associated Building Contractors Golden Gate Chapter,
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.
The proposals were also discussed with the Finance Committee at its regular meeting
on Mach 31, 2008.
RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments
regarding a proposed ordinance amending District Code Section 6.12.090, and adopting
an uncodified "Schedule of Capacity Fees, Rates and Charges." Adopt the proposed
ordinance (see Attachment 1.)
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \PP Conduct Hearing Capacity Fees 4- 17- 08.doc Page 2 of 2
Attachment 1
ORDINANCE NO.
AN ORDINANCE OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
AMENDING DISTRICT CODE SECTION 6.12.090,
AND ADOPTING AN UNCODIFIED
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 Years 2008 -09
Capital Improvement Budget & 2008 Capital Improvement Plan, and the Staff Report on
Proposed Capacity Fee Program dated March 2008; 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 8 and April 9, 2008;
and
WHEREAS, a properly noticed public hearing regarding the proposed Capacity
Fee Program revisions was held on April 17, 2008, 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:
NAENVRSEC \Position Papers \Miyamoto- Mills\2008 \Ordinance 2008 Capacity Fees.doc Page 1 of 3
Section 1 (To be codified
CCCSD Code Section 6.12.090 "Schedule of Capacity Fees, Rates and
Charges" in effect prior to the date of adoption of this Ordinance is hereby
repealed in full. A new Section 6.12.090 "Schedule of Capacity Fees, Rates and
Charges" as set forth in full in Exhibit "A" to this Ordinance, which exhibit is
incorporated in full herein by this reference, is hereby adopted.
Section 2 (To be Uncodified)
The Schedule of Capacity Fees, Rates and Charges as set forth in full in Exhibit
"B" to this Ordinance, which exhibit is incorporated in full herein by this reference,
is hereby adopted in uncodified form pursuant to the provisions of District Code
Section 6.12.090, as amended in Section 1 above. 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, and shall
remain in effect until amended by Ordinance
Section 3
All ordinances, and parts of ordinances in conflict with the provisions of this
Ordinance are repealed. The provisions of this ordinance, insofar as they are
substantially the same as existing provisions relating to the same subject matter,
shall be construed as restatements and continuations thereof and not as new
enactments. To the extent this ordinance or any portion or section of this
ordinance is determined invalid or unconstitutional, such portions of Ordinance
No. 243 shall remain in effect and such rates and charges due thereunder for any
categories of users shall remain due and payable as if those portions of
Ordinance No. 243 had not been repealed.
With respect, however, to violations, rights accrued, liabilities accrued, or appeals
taken, prior to the effective date of this Ordinance, under any chapter, ordinance,
or part of an ordinance, such chapter, ordinance or part of an ordinance shall be
deemed to remain in full force for the purpose of sustaining any proper suit,
action, or other proceedings, with respect to any such violation, right, liability or
appeal.
Section 4
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, 2008.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 17th day of April 2008, by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \Ordinance 2008 Capacity Fees.doc Page 2 of 3
Gerald R. Lucey
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Elaine R. Boehme
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
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \Ordinance 2008 Capacity Fees.doc Page 3 of 3
Exhibit "A"
6.12.090 Schedule of capacity fees, rates and charges.
The Board of Directors has set the capacity fees, rates, and charges from time to
time by uncodified ordinance 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 Fun, Debt
Service 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.
The Schedule of Capacity Fees, Rates, and Charges referenced herein shall be
kept on file with the District Secretary in an uncodified manner.
EXHIBIT "B"
SCHEDULE OF CAPACITY FEES, RATES, AND CHARGES
(Uncodified)
The Capacity Fees, Rates, and Charges listed below were established by Central
Contra Costa Sanitary District Ordinance No. adopted April 17, 2008. These fees,
rates, and charges shall be applied to all new connections or added burdens for which
fees become due and payable on or after July 1, 2008 in accordance with the provisions
of CCCSD Code Chapter 6.12.
Gravity
Capacity
Fee
$4,923 / RUE*
Pumping
Capacity
Fee
$1,586 / 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(l)
Number of RUE = Unit of Measure County Multiplied by the RUE Factor
Use
Code
User Group
Unit of
Measure(', 2)
Gravity
Capacity
Fee RUE
Factor
Pumping
Capacity
Fee RUE
Factor
Eligible for
Capacity
Use Charge
Program
* =Yes
LU
Single-family residences
Dwelling Unit
1.000
1.000
LA
Multiple - family
residences, apartments
Dwelling Unit
1.000
1.000
LM
Mobile homes
Dwelling Unit
1.000
1.000
LC
Common areas
1,000 s . ft.
0.200
0.200
AB
Auto body/painting
1,000 s . ft.
0.432
0.467
AD
Auto dealerships
1,000 s . ft.
0.432
0.467
AL
Aircraft services
1,000 s . ft.
0.432
0.467
AR
Auto repair/maintenance
1,000 s . ft.
0.432
0.467
AS
Service stations
1,000 s . ft.
0.432
0.467
BT
Transportation services
1,000 s . ft.
0.432
0.467
AC
Car washes
1,000 s . ft.
21.127
22.829
AW
Car washes with
recycling
1,000 s . ft.
3.522
3.805
BB
Barbers /beauty salons /
pet grooming
1,000 s . ft.
0.725
0.783
BC
Dry cleaners, no laundry
1,000 s . ft.
0.259
0.279
BR
Retail sales
1,000 s . ft.
0.259
0.279
BE
Equipment repair/ repair
services
1,000 s . ft.
0.228
0.247
(1) Fees for multi -use buildings shall be determined by considering each use separately.
(2) "Unit -o- 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.
N: \ENVRSEC \Position Papers \Miyamoto -Mills \2008 \Exhibit A Sched Capacity Fees Rates and Charges 4- 17- 08.doc
SCHEDULE OF CAPACITY FEES, RATES AND CHARGES - CONTINUED
Residential Unit Equivalence (RUE) Factors(')
Number of RUE = Unit of Measure County Multiplied by the RUE Factor
Use
Code
User Group
Unit of
Measure (2)
Gravity
Capacity
Fee RUE
Factor
Pumping
Capacity
Fee RUE
Factor
Eligible for
Capacity
Use Charge
Program
* =Yes
BK
Contractors / business
services
1,000 s . ft.
0.228
0.247
BN
Nurseries / lumberyards
1,000 s . ft.
0.228
0.247
IL
Light industrial
1,000 s . ft.
0.228
0.247
BH
Meeting halls / studios
1,000 s . ft.
0.290
0.313
EA
Auditoriums / theaters
1,000 s . ft.
0.290
0.313
EC
Cinemas
1,000 s . ft.
0.290
0.313
EM
Entertainment
1,000 s . ft.
0.290
0.313
EB
Bowling alleys
1,000 s . ft.
0.311
0.336
BZ
Miscellaneous commercial
1,000 sq. ft.
0.510
0.551
EG
Golf courses / country clubs
1,000 s . ft.
1.166
1.391
EH
Health clubs / spas
1,000 s . ft.
1.166
1.391
ET
Tennis clubs
1,000 s . ft.
1.166
1.391
IW
Warehouses
1,000 s . ft.
0.136
0.147
BM
Markets
1,000 s . ft.
0.556
0.601
BS
Supermarkets
1,000 s . ft.
0.556
0.601
BX
Shopping centers
1,000 s . ft.
1.057
1.142
OB
Business offices
1,000 s . ft.
0.295
0.319
OF
Financial institutions / banks
1,000 s . ft.
0.295
0.319
OG
Government offices
1,000 s . ft.
0.295
0.319
OS
Fraternal / service offices
1,000 s . ft.
0.295
0.319
OM
Medical offices
1,000 s . ft.
0.637
0.688
OV
I Veterinary clinics
1,000 s . ft.
0.637
0.688
RB
Bakeries retail
1,000 s . ft.
4.061
2.178
RD
Delicatessens
1,000 s . ft.
1.166
1.294
RN
Bars
1,000 s . ft.
1.166
1.294
RI
Ice cream parlors
1,000 s . ft.
1.166
1.294
RY
Yogurt shops
1,000 s . ft.
1.166
1.294
RS
Restaurants dine -in
1,000 s . ft.
4.010
2.738
RT
Restaurants take -out
1,000 s . ft.
4.010
2.738
RC
Banquet facilities / patio
seating
1,000 s . ft.
1.166
0.825
BL
Laundromats
1,000 s . ft.
13.506
14.594
SF
Skilled nursing facilities
1,000 s . ft.
2.216
2.347
FE
Residential care facilities for
the elderly
1,000 s . ft.
0.932
0.987
HP
Hospitals
1,000 s . ft.
2.891
3.124
LH
Hotels / motels
1,000 s . ft.
1.166
1.272
CH
Churches
1,000 s . ft.
0.242
0.261
(1) Fees for multi -use buildings shall be determined by considering each use separately.
(2) "Unit -o- 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.
SCHEDULE OF CAPACITY FEES, RATES AND CHARGES - CONTINUED
Residential Unit Equivalence (RUE) Factors(')
Number of RUE = Unit of Measure County Multiplied by the RUE Factor
Private Schools (SD, SE, SH, SI, SU)
Eligible for
Gravity
Pumping
Capacity
Capacity
Capacity
Use Charge
Use
Unit of
Fee RUE
Fee RUE
Program
Code
User Group
Measure (2)
Factor
Factor
* =Yes
Schools with cafeteria
and gym / showers
Classroom
0.860
1.000
Schools with gym /
showers and no
cafeteria
Classroom
0.774
0.900
Schools with cafeteria
and no gy m / showers
Classroom
0.516
0.600
Schools without
cafeteria or gym /
showers
Classroom
0.430
0.500
(1) Fees for multi -use buildings shall be determined by considering each use separately.
(2) "Unit -o- 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
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \Exh!bit A Sched Capacity Fees Rates and Charges 4- 17- 08.doc
SCHEDULE OF CAPACITY FEES, RATES AND CHARGES — CONTINUED
Special Studies
The fees for Special Studies shall be as established in the Schedule of Environmental
and Development - Related Fees, Rates, and Charges pursuant to the provisions of
Chapter 6.30 of the District Code.
The following user groups require a special study to determine the appropriate capacity
fees. Administrative fees to conduct special studies for these user groups shall be
waived.
Use Code
User Group
BP
Parking lots
CM
Cemeteries / mortuaries
EP
Parks / playgrounds
ES
Swimming pools
EF
Large fitness / athletic clubs
LR
Residence hotels
IE
Electronic industries
IH
Heavy industries
IP
Permitted industries
IR
Laboratories / research facilities
--
Improvements with garbage disposals
--
Public facilities
--
Sp ecial billings
--
Utilities
Values for use in the RUE formula in Section 6.12.050(D)(2) shall be:
FLORU
=
200 gpd
BODRU
=
200 m /I
TSSRU
=
215 m /I
A
=
0.69
B
=
0.14
C
=
0.17
N: \ENVRSEC \Position Papers\M iyamoto-Mi lls\2008\Exhi bit A Schad Capacity Fees Rates and Charges 4- 17- 08.doc
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 one thousand square feet.
The annual interest rate for calculation of capacity use charges shall be as established
in the Schedule of Environmental and Development - Related Fees, Rates, and Charges
pursuant to the Provisions of Chapter 6.30 of the District Code.
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \Exhibit A Sched Capacity Fees Rates and Charges 4- 17- 08.doc
Capacity Charge
Capacity Use
"Initial Payment'
Char a Rates
Pumping
Gravity
Capacity
Current
Capacity Fee
Fee RUE
Year
RUE Factor
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
$843.16
$4.54
AW
Car washes with recycling
1.166
3.805
$99.52
$3.22
BL
Laundromats
1.166
14.594
$521.25
$4.39
HP
Hospitals
1.166
3.124
$72.86
$2.87
RB
Bakeries retail
1.166
2.178
$122.29
$6.90
RS
Restaurants dine -in
1.166
2.738
$120.13
$5.40
Restaurants (paper
RT
service / no dishwashers )
1.166
2.738
$120.13
$5.40
SF
Skilled nursing facilities
1 1.166
2.347
$44.35
$2.28
The annual interest rate for calculation of capacity use charges shall be as established
in the Schedule of Environmental and Development - Related Fees, Rates, and Charges
pursuant to the Provisions of Chapter 6.30 of the District Code.
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \Exhibit A Sched Capacity Fees Rates and Charges 4- 17- 08.doc
4.b. Hearings
PUBLIC HEARING TO RECEIVE COMMENTS ON
A PROPOSED ORDINANCE AMENDING
DISTRICT CODE CHAPTER 6.30
AND ADOPTING AN UNCODIFIED
"SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT - RELATED FEES, RATES AND CHARGES"
SUGGESTED AGENDA
April 17, 2008
Request Staff Report
II. Hearing
A. Open Hearing.
B. Receive comments, if any.
C. Close Hearing.
III. Discussion
IV. Recommended Actions:
A. Adopt the proposed ordinance amending District Code Chapter 6.30, and
adopting an uncodified "Schedule of Environmental and Development -
Related Fees, Rates and Charges."
NAENVRSEC \Position Papers \Darner\2008\Agenda Public Hearing Environ Rates and Charges 4- 17- 08.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 17, 2008
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 AMENDING DISTRICT CODE
CHAPTER 6.30 AND ADOPTING AN UNCODIFIED "SCHEDULE OF
ENVIRONMENTAL AND DEVELOPMENT - RELATED FEES, RATES AND
CHARGES"
Submitted By:
Kurt Darner
Development Services Supervisor
Initiating Dept. /Div.:
Engineering/ Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
�4 e))�
K. D rner C. Swanson A. Farrell
ap -
K. Alm
ames M. Ily
eneral M&Yager
ISSUE: The District Code requires that a public hearing be held prior to the Board of
Directors' adoption of an ordinance amending Chapter 6.30, and adopting an uncodified
"Schedule of Environmental and Development - Related Rates and Charges."
RECOMMENDATION: Conduct a public hearing to receive comments regarding a
proposed ordinance amending District Code Chapter 6.30, and adopting an uncodified
"Schedule of Environmental and Development - Related Rates and Charges." Adopt the
ordinance.
FINANCIAL IMPACTS: The proposed fees, rates and charges are designed to recover
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 2008 -09 would total
about $60,000 to $80,000 in additional District revenue.
BACKGROUND: Chapter 6.30 of the District Code includes provisions for a schedule
of fees, 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 private side sewers and main line extensions, addition of new sewers,
parcels, and permit information to District maps, administration of Source Control
permits and inspections, and septage and grease hauler permitting, sampling, and
treatment.
These fees, rates and charges were last reviewed in 2007. District staff annually
reviews the rates and charges to assess whether changes are appropriate. This year,
the District has re- evaluated the rates and charges for the categories of Development
N: \ENVRSEC \Position Papers \Darner\2008 \PP Conduct Public Hearing Chap 6.30 Rates & Charges 4- 17- 08.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: April 17, 2008
subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND
CONSIDER ADOPTING A PROPOSED ORDINANCE AMENDING DISTRICT CODE
CHAPTER 6.30 AND ADOPTING AN UNCODIFIED "SCHEDULE OF
ENVIRONMENTAL AND DEVELOPMENT - RELATED FEES, RATES AND
CHARGES"
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 State of California mandates that revenues from these sources not exceed the cost
of providing services. Following its review, District staff recommends that most rates
and charges be increased by 7.5 %, some rates and charges remain unchanged, and
rates for inspection of main sewer extension projects increase by 15.9% (in existing
street) or 20.1 % (in undeveloped land) as a result of additional end -of- warranty testing
requirements. Attachment 1 presents a comparison of the current and proposed rates
and charges.
Factors contributing to the proposed changes include: 1) adjustment for increased
salaries, benefits and overhead; 2) changes in staff assigned to the work; 3) a new
requirement for additional television inspection of main sewer extension projects before
final acceptance of the project; and 4) an adjustment in rates and charges to more
accurately account for vehicle depreciation costs, which are included in the
administrative overhead multiplier.
Staff conducted a coordinated outreach program to inform and solicit input from
interested customers regarding the proposed Capacity Fees and the proposed
Environmental and Development - Related Fees, Rates and Charges. Notices of the
public hearing were posted and published in the Contra Costa Times. In addition,
nearly 400 letter reports including the proposed schedule of rates and charges were
distributed to developers, engineers, architects, contractors, and representatives of the
Home Builders Association of Northern California, the Engineering and Utilities
Contractors' Association, the Associated Building Contractors Golden Gate Chapter,
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.
The proposals were also discussed with the Finance Committee at its regular meetings
on March 31, 2008.
RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments
regarding a proposed ordinance to amend District Code Chapter 6.30, and adopt an
uncodified "Schedule of Environmental and Development - Related Rates and Charges."
Adopt the ordinance A (Attachment 2).
N: \ENVRSEC \Position Papers \Darner\2008 \PP Conduct Public Hearing Chap 6.30 Rates & Charges 4- 17- 08.doc Page 2 of 2
ATTACHMENT 1
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF CURRENT & PROPOSED RATES & CHARGES (2008 -09)
Fee Category
2007 -08 Fee
Proposed
2008 -09 Fee
% Change
(A) DEVELOPMENT AND PLAN REVIEW
Review of new sewerp /ans 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
$441
$474
7.50%
Per Foot Charge (in street)
$3.40
$3.66
7.50%
Per Foot Charge (in undeveloped land)
$2.72
$2.92
7.50%
Each additional plan review:
Base Fee
$147
$158
7.50%
Per Foot Charge
$1.13
$1.21
7.50%
Special Cut Sheet Review
$186
$200
7.50%
Manhole only design & plan review
$653
$702
7.50%
Right of Way Document Review - IOD / Sub Map (each):
$539
$579
7.50%
Right of Way Document Review - No Changes Required
$350
$376
7.50%
Right of Way document review - Appurtenance (initial):
$501
$539
7.50%
Appurtenance (each additional)
$185
$199
7.50%
Commercial development plan check (new connections)
$174
$187
7.50%
(A -2)
Application Fees
Basic Application (side sewer work, easement staking)
$83
$89
7.50%
Existing parcel - new sewer service
$113
$121
7.50%
New parcel - new sewer service
$182
$196
7.50%
Commercial Application
$186
$200
7.50%
Capacity Use Program
$166
$178
7.50%
(A -3)
Reimbursement Accounts:
Set -up fee
$685
$736
7.50%
Transaction fee
$154
$166
7.50%
(A-4)
Commercial Business Plan Review (added square footage, food service)
Added Square Footage, Food Service
$114
$123
7.50%
Special Studies (minimum)
$469
$504
7.50%
Source Control Review
$177
$190
7.50%
Grease Variance Review (includes site visit)
$266
$286
7.50%
(A -5)
Private pumping system plan check
Pump with Outside Force Main
$347
$373
7.50%
Pump Only
$194
$209
7.50%
Additional Review
$143
$154
7.50%
Pre- apporved Pump Systems
$143
$154
7.50%
(A -6)
Annexation Fee
1 $534
1 $574
1 7.50%
(A -7)
Special Approvals
$192
$206
7.50%
Page 1
ATTACHMENT 1
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF CURRENT & PROPOSED RATES & CHARGES (2008 -09)
Fee Category
2007 -08 Fee
Proposed
2008 -09 Fee
% Change
(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
$631
$678
7.50%
Per Foot Charge (in street) (Incl additional TV insp @ 1 yr final)
$7.93
$9.19
15.90%
Per Foot Charge (undeveloped land) (incl additional TV insp @ 1 yr final)
$5.29
$6.35
20.10%
(B -2)
Inspections by type:
Side Sewer Installation / Repair per 100 feet:
$130
$137
5.28%
Single Inspection Charge (e.g. sewer connection; encroachment verification; side
sewer cap on property; tap and lateral (new or replacement); side sewer Wye (new
or replacement); air test; reinspection; trash enclosure w/o trap); side sewer TV
inspection
$130
$137
5.28%
Manhole tap; lateral abandonment (main or manhole); pipe bursting
$260
$274
5.28%
Manhole Alteration; Side Sewer CIPP repair; interceptor abandonment
$390
$411
5.28%
New Manhole; New Rodding Inlet; Outside Pump Installation
$520
$547
5.28%
Grease / Sand / Oil Interceptor / Trap; Trash Enclosure w/ trap
$780
$821
5.28%
(B -3)
Overtime inspection:
First Hour
$86
$85
-1.2%
Every hour thereafter
$56
$58
3.00%
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
$254
$262
3.00%
(B-4)
Inspection of non - permitted work (+ avoided charge)
$390
$419
7.50%
Page 2
ATTACHMENT 1
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF CURRENT & PROPOSED RATES & CHARGES (2008 -09)
Fee Category
2007 -08 Fee
Proposed
2008 -09 Fee
% Change
(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
$177
$187
5.87%
Minimum Charge (2 hr min)
$355
$376
5.88%
Overtime - First Hour
$125
$126
0.80%
Overtime - Each Additional Hour
$102
$105
3.00%
Overtime - Weekend / Holiday (4 hr min)
$433
$446
3.00%
(C -2)
Dye test
$302
$322
6.55%
(C -3)
Collection system repair
Actual Expense
Actual Expense
(C-4)
Cancelled TV Inspection without prior notice
$308
$331
7.50%
(C -5)
Sewer locating and marking
$258
$274
6.38%
(D) RIGHT -OF -WAY
Establishing right -of -way agreements and resolving conflicts.
(D -1)
Process Quitclaim Deeds
$844
$907
7.50%
Process Quitclaim Deed - plat and legal by others
$513
$551
7.50%
(D -2)
Process Real Property Agreement, License, or Easement
Base Fee (2 hours)
$694
$746
7.50%
Each Additional Hour
$108
$116
7.50%
(D -3)
Right -of -way Research / Encroachment Resolution Fee
Actual Expense
Actual Expense
(D-4)
Right of Entry / Encroachment Permit Fee
$95
$102
7.50%
(E) MISCELLANEOUS
District services provided for private sewer projects.
(E -1)
Engineering - private sewer projects
Actual Expense
Actual Expense
(E -2)
Soil evaluation - private sewer projects
Actual Expense
Actual Expense
(E -3)
Surveying
Actual Expense
Actual Expense
(E-4)
Minimum annual interest rate for CADS and Capacity Use Program
6.00%
6.00%
no change
Document / Plan Copying Fees
8 1/2" x l l "; 81/2"x14"; 11" x 17 (per sheet)
$0.15
$0.15
no change
24" x 36" Plan (per sheet)
$3.00
$3.00
no change
CCCSD Standard Specifications
$20.00
$20.00
no change
Page 3
ATTACHMENT 1
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF CURRENT $ PROPOSED RATES & CHARGES (2008 -09)
Fee Category
2007 -08 Fee
Proposed
2008 -09 Fee
% Change
(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
Base permit fee of
$3,256 + cost of
District's lab
analysis
no change
(F -2)
Class II Fees
Base permit fee of
$3,256 + cost of
District's lab
analysis
Base permit fee of
$3,256 + cost of
District's lab
analysis
no change
(F -3)
Class III Fees
0
$0
no change
(F-4)
Industrial user permit application fee
0
$0
no change
(F -5)
Special discharge permit application fee ( *)
No on -site inspection
$65 each
$65 each
no change
On -site inspection
Base fee of $345
Base fee of $345
no change
(G) SEPTAGE DISPOSAL ( * *)
Sampling and disposal of septic waste and grease.
(G -1)
jAnnuall permit fee $1,650 $1,650
no change
(G -2)
Residential septic /toilet waste
< 2,000 gallons
$18 + $0.14 /gal
$18 + $0.14/gal
no change
> 2,000 gallons
$58 + $0.14/gal
$58 + $0.14/gal
no change
(G -3)
Restaurant grease waste
< 2,000 gallons
$18 + $0.02 /gal
$18 + $0.02 /gal
no change
> 2,000 gallons
$58 + $0.02 /gal
$58 + $0.02/ al
no change
( *) 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 4
Attachment 2
ORDINANCE NO.
AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AMENDING DISTRICT CODE SECTION CHAPTER 6.30, AND ADOPTING AN
UNCODIFIED SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT - RELATED FEES, RATES AND CHARGES
WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District
( CCCSD) finds that CCCSD incurs substantial costs to provide various environmental
and development - related services, such as, but not limited to, administration and
processing of annexations, customer assistance at the permit counter, plan review and
inspection for sewer line installation, alteration, replacement and repair, the inclusion of
new information on District maps, administration and permit inspection related to the
Source Control Program, permitting of septage and grease haulers, and treatment of
grease and septage at the treatment plant; and
WHEREAS, it is necessary to charge customers and other users of CCCSD
services to recover the reasonable cost of providing said services; and
WHEREAS, CCCSD staff has comprehensively analyzed the actual cost of
providing the various environmental and development - related services listed above
based on direct costs, staff costs and overhead for time and effort incurred to provide
listed services; and
WHEREAS, the Board finds that the Schedule of Environmental and
Development - Related Fees, Rates and Charges, as reflected in Exhibit "A" to this
Ordinance, reasonably represents the actual costs to provide the services delineated in
said Schedule of Fees, Rates and Charges; and
WHEREAS, the CCCSD 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, rates and charges
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 (To be codified)
CCCSD Code "Chapter 6.30 Schedule of Environmental and Development -
Related Rates and Charges" that was in effect prior to the date of adoption of this
Ordinance is hereby repealed in full. A new "Chapter 6.30 Schedule of
Environmental and Development - Related Fees, Rates and Charges" as set forth
in Exhibit "A" to this Ordinance, which exhibit is incorporated in full herein by this
reference, is hereby adopted.
N: \ENVRSEC \Position Papers \Darner\2008 \Ordinance Environ Rates and Charges 4- 17- 08.doc Page 1 of 3
Section 2 (To be uncodified)
The Schedule of Environmental and Development - Related Fees, Rates and
Charges as set forth in full in Exhibit "B" to this Ordinance, which exhibit is
hereby incorporated in full herein by this reference, is hereby adopted in
uncodified form pursuant to the provisions of District Code Chapter 6.30 as
amended in Section 1 above. As of the effective date of this Ordinance, the fees,
rates and charges for each environmental and development - related service shall
be as set forth in said schedule, and shall remain in effect until amended by
Ordinance.
Section 3
All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are repealed. The provisions of this ordinance, insofar as they are
substantially the same as existing provisions relating to the same subject matter,
shall be construed as restatements and continuations thereof, and not as new
enactments. To the extent this ordinance or any portion or section of this
ordinance is determined invalid or unconstitutional, such portions of Ordinance
No. 244 shall remain in effect and such rates and charges due thereunder for any
categories of users shall remain due and payable as if those portions of
Ordinance No. 244 had not been repealed.
With respect, however, to violations, rights accrued, liabilities accrued or appeals
taken, prior to the effective date of this Ordinance, under any chapter, ordinance,
or part of an ordinance, such chapter, ordinance or part of an ordinance shall be
deemed to remain in full force for the purpose of sustaining any proper suit,
action, or other proceedings, with respect to any such violation, right, liability or
appeal.
Section 4
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, 2008.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 17th day of April 2008, by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Gerald R. Lucey
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
N: \ENVRSEC \Position Papers \Darner\2008 \Ordinance Environ Rates and Charges 4- 17- 08.doc Page 2 of 3
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm
Counsel for the District
N: \ENVRSEC \Position Papers \Darner\2008 \Ordinance Environ Rates and Charges 4- 17- 08.doc Page 3 of 3
EXHIBIT "A"
Chapter 6.30
SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT - RELATED RATES AND CHARGES
Sections:
6.30.010 Findings.
6.30.020 Schedule of environmental and development - related rates and
charges.
6.30.010 Findings.
The Board of Directors finds:
A. That the District incurs substantial costs to provide various environmental
and development - related services, such as, but not limited to, administration and
processing of annexations, customer assistance at the permit counter, plan review and
inspection for public main sewer line extensions and installation, alteration, replacement
and repair of private side sewers, the addition of new sewers, parcels, and permit
information to District maps, administration and inspection related to source control
permit, permitting of septage and grease haulers, and treatment of grease and septage
at the treatment plant; and
B. That it is necessary to charge customers and other users of District
environmental and development - related services to recover the reasonable costs of
providing said services; and
C. That District staff has comprehensively analyzed the actual costs of
providing said services; and
D. That the rates and charges listed in the Schedule of Environmental and
Development - Related Fees, Rates and Charges represent the reasonable cost of
providing the services delineated; and
E. That the rates and charges collected pursuant to this Chapter will not
exceed the total of all actual costs reasonably allocable to provision of the services
listed in the Schedule of Fees, Rates and Charges.
6.30.020 Schedule of environmental and development - related fees, rates and
charges.
The Schedule of Environmental and Development - Related Fees, Rates and Charges
referenced herein shall be adopted from time to time by ordinance by the Board and
kept on file with the District Secretary in an uncodified manner. Such Schedule shall
list, amongst other things, the amounts and times for payment of such rates and
charges.
N: \ENVRSEC \Position Papers \Darner\2008 \Exhibit A Sched Capacity Fees Rates and Charges 4- 17- 08.doc
EXHIBIT "B"
SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT - RELATED FEES, RATES & CHARGES
(Uncodified)
This Schedule of Environmental and Development - Related Fees, Rates and Charges (to be effective July 1, 2008) was established by
Central Contra Costa Sanitary District Ordinance No. _, adopted April 17, 2008.
Rate / Charge Category
Amount
(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 (each Job)
$474
Per Foot Charge (in street)
$3.66
Per Foot Charge (in undeveloped land)
$2.92
Each additional plan review (if more than two prelininary reviews and required)
Base Fee
$158
Per Foot Charge
$1.21
Special Cut Sheet Review (each additional cut sheet submittal)
$200
Manhole only design & plan review
$702
Right of Way Document Review - IOD / Sub Map (each):
$579
Right of Way Document Review - No Changes Required (each)
$376
Right of Way document review - Appurtenance (first):
$539
Appurtenance (each additional)
$199
Commercial development plan check - new connections
$187
(A -2)
Application Fees (each)
Basic Application - side sewer work, easement staking
$89
Existing parcel - new sewer service
$121
New parcel - new sewer service
$196
Commercial Application
$200
Capacity Use Program
$178
(A -3)
Reimbursement Accounts:
Set -up fee (each separately installed job)
$736
Transaction fee (each installer payment)
$166
(A-4)
Commercial Business Plan Review (added square footage, food service)
Added Square Footage, Food Service (each submittal)
$123
Special Studies (each request, minimum)
$504
Source Control Review (each submittal)
$190
Grease Variance Review - includes site visit (each submittal)
$286
(A -5)
Private pumping system plan check (each pump system)
Pump with Outside Force Main
$373
Pump Only
$209
Additional Review (if more than one submittal is required)
$154
Pre - apporved Pump Systems
$154
(A -6) jAnnexation
Fee (each parcel)
$574
(A -7) Ispecial
Approvals (each)
$206
EXHIBIT "B"
SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT - RELATED FEES, RATES & CHARGES
(Uncodified)
This Schedule of Environmental and Development - Related Fees, Rates and Charges (to be effective July 1, 2008) was established by
Central Contra Costa Sanitary District Ordinance No. _, adopted April 17, 2008.
Rate / Charge Category
Amount
(B) CONSTRUCTION INSPECTION
Inspection of new sewer main construction and new connections and other sewer work on private property (includes TV
inspection when appropriate).
(13-1)
Mainline Inspection:
Base Fee (each Job)
$678
Per Foot Charge (in street)
$9.19
Per Foot Charge (undeveloped land)
$6.35
(13-2)
Inspections by type:
Side Sewer Installation / Repair per 100 feet:
$137
Single Inspection Charge - e.g. sewer connection; encroachment verification; side sewer
cap on property; tap and lateral (new or replacement); side sewer Wye (new or
replacement); air test; reinspection; trash enclosure w/o trap); side sewer TV inspection
$137
Manhole Tap; Lateral Abandonment (main or manhole); Pipe Bursting
$274
Manhole Alteration; Side Sewer CIPP Repair; Interceptor Abandonment
$411
New Manhole; New Rodding Inlet; Outside Pump Installation
$547
Grease / Sand / Oil Interceptor / Trap; Trash Enclosure w/ trap
$821
(B -3)
Overtime inspection:
First Hour
$85
Every hour thereafter
$58
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
$262
(13-4)
linspection of non - permitted work (each instance discovered + avoided charge)
$419
(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
$187
Minimum Charge (2 hr min)
$376
Overtime - First Hour
$126
Overtime - Each Additional Hour
$105
Overtime - Weekend / Holiday (4 hr min)
$446
(C -2)
Dye test
$322
(C -3)
Collection system repair
Actual Expense
(C-4)
Cancelled TV Inspection without prior notice
$331
(C -5)
Sewer locating and marking
$274
EXHIBIT "B"
SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT - RELATED FEES, RATES & CHARGES
(Uncodified)
This Schedule of Environmental and Development - Related Fees, Rates and Charges (to be effective July 1, 2008) was established by
Central Contra Costa Sanitary District Ordinance No. _, adopted April 17, 2008.
Rate / Charge Category
Amount
(D) RIGHT -OF -WAY
Establishing right -of -way agreements and resolving conflicts.
(D -1)
Process Quitclaim Deeds (each)
$907
Process Quitclaim Deed - plat and legal by others (each)
$551
(D -2)
Process Real Property Agreement, License, or Easement
Base Fee (includes 2 hours of staff time)
$746
Each Additional Hour
$116
(D -3)
Right -of -way Research / Encroachment Resolution
Actual Expense
(D-4)
Right of Entry/ Encroachment Permit (each)
$102
(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%
Document / Plan Copying Fees
8 1/2" x 11 "; 8 1/2" x 14 "; 11" x 17" (per sheet)
$0.15
24" x 36" Plan (per sheet)
$3.00
CCCSD Standard Specifications
$20.00
EXHIBIT "B"
SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT - RELATED FEES, RATES & CHARGES
(Uncodified)
This Schedule of Environmental and Development - Related Fees, Rates and Charges (to be effective July 1, 2008) was established by
Central Contra Costa Sanitary District Ordinance No. _, adopted April 17, 2008.
Rate / Charge Category
Amount
(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
$0
(F-4)
Industrial user permit application fee
$0
(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.
Items 4.gand 4.b
Central Contra Costa
Sanitary District
Capacity Fees
and
Environmental &
Development - Related
Fees, Rates & Charges
Public Hearings
April 17, 2008
Schedule for Updating Capacity Fees and
Development - Related Fees & Charges
• Set Public Hearing Date
• Customer Outreach
• Conduct Public Hearing
• Fees & Charges effective
March 20, 2008
March 21 to April 17, 2008
April 17, 2008
July 1, 2008
1
Capacity Fees
• This one -time "buy -in" fee is charged at time
of connection and is used for capital facility
needs.
• Annual Capacity Fee revenue has varied
between 15 -45% of total Sewer Construction
Fund revenue since it is dependent on rate of
development.
• Staff recommends that Capacity Fees be
adjusted annually to avoid larger multi -year
increases.
Recommended Capacity Fees
Current Proposed %
(per RUE) (per RUE) Change
• Gravity Zone: $4,524 $4,923 +8.8%
• Pumped Zone: $5,990 $6,509 +8.7%
2
Additional
Revenue Potential
• 2008 -09 (assuming
1,350 new units)
Additional from
Fee Increase TOTAL
— Gravity Zone
$ 240,000 $2,953,800
(600 units)
— Pumped Zone
$ 390,000 $4,881,750
(750 units)
Totals:
$ 630,000 $7,835.550
Environmental Services and
Development - Related Rates & Charges
• Recommended Rates and Charges:
- Follow recent approach of annual adjustment for
general increases in salaries, benefits and
overhead to avoid larger multi -year adjustments.
• Most would increase 3.0% * or 7.5% * *, some
would decrease or remain unchanged.
• Additional Revenue in 2008 -09: $60,000 - $80,000
* 3.0% for fees related to Overtime Staff Labor (Benefits and
Overhead not charged)
** 7.5% for fees related to Regular Staff Labor (includes Benefits
and Overhead
3
Customer Outreach
• Legal Notices published and posted.
• 350 Letter Reports to Interested Customers:
— Home Builders Association
— Applicants, Developers, Engineers, Business Owners and
Contractors
• - 50 Letter Reports handed out at Permit Counter
• Meetings for Customers
— Tuesday - April 8, 2008 at 7 pm
— Wednesday - April 9, 2008 at 10 am
— No customers attended either meeting.
Findings
General
• The District incurs substantial costs to provide
environmental and development - related services
and have made a substantial investment in
assets that will benefit new users.
4
Findings
General
There is a strong and reasonable relationship
between the actual added burden /District costs
and the proposed fees, rates and charges.
• The proposed fees, rates and charges are
exempt from the California Environmental Quality
Act (CEQA).
Findings
Capacity Fees
• New connections and changes in property use
generate an added burden on services and
facilities.
To maintain an adequate level of service,
maintenance of existing capacity, and
construction of new capacity in the future is
necessary.
• The purpose of the Capacity Fee Program is to
equalize the investment in assets between
current and new users ensuring that new users
pay their fair share for capacity.
Findings
Capacity Fees
• Current fund balances and Capacity Fee revenue
will be allocated to:
— Life -cycle replacement, renovation, upgrading and
improvements to maintain existing capacity.
— Addition and expansion of facilities when needed
or required to meet legal and regulatory
requirements.
— Equitable adjustment of contributions between
current, new and contractual users.
Findings
Capacity Fees
• A portion of Capacity Fee Revenue will be
allocated to fund the new user's share of "Funds
Required" in the:
• Sewer Construction Fund
• Running Expense Fund
• Debt Service Fund
• Self Insurance Fund
3
Questions...?
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 17, 2008 No.: 6.a. Bids and Awards
Type of Action: CONSIDER BID PROTESTS /REJECT ALL BIDS
subject: CONSIDER BID PROTESTS /REJECT ALL BIDS SUBMITTED FOR THE
CONSTRUCTION OF THE CONTROL ROOMS MODIFICATIONS,
DISTRICT PROJECT NO. 7253
Submitted By: Initiating Dept /Div.:
Nathaniel Morales, Assistant Engineer Engineering / Capital Projects
Ba T. Than, Senior Engineer
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
t1. AAa.ho,* 1
N. I loralesM. Than A. Antkowiak ecki A. Farrell K. Alm 10es M.
ISSUE: On March 27, 2008, four sealed bids were received and opened for the
construction of the Control Rooms Modifications, District Project No. 7253. On
April 2 and 3, 2008, two timely bid protests were received. As part of any award, the
Board of Directors (Board) needs to consider the merits of any timely bid protests. The
Board must award the contract or reject all bids within 50 days of the bid opening.
RECOMMENDATION: Reject all bids for the construction of the Control Rooms
Modifications.
FINANCIAL IMPACTS: The estimated cost for rebid of the project is approximately
$10,000.
ALTERNATIVES /CONSIDERATIONS: An alternative would be for the Board to hold a
responsiveness hearing at a future Board Meeting and determine whether the project
should be awarded to the lowest responsive bidder and, if not, whether it should be
awarded to the next lowest bidder. This is not recommended.
BACKGROUND: The plant's two control rooms in the Plant Operations Department
Building (POD) and the Solid Conditioning Building (SCB) were constructed in the
1970s and have not had any major architectural updates. The main POD control room
has worn floor tiles, stained ceiling and paint, minimal natural lighting, and a constricted
floor plan. Both Control Rooms' work surfaces are not ergonomic and they are not well
suited for the plant's new control system.
This project will remodel the main control room in the POD and replace a computer
console in the SCB Control Room. The remodel includes demolition of interior walls,
N: \PESUP \Position Papers \Morales \7253 Reject Control Room Bids.DOC Page 1 of 15
POSITION PAPER
Board Meeting Date: April 17, 2008
subject: CONSIDER BID PROTESTS /REJECT ALL BIDS SUBMITTED FOR THE
CONSTRUCTION OF THE CONTROL ROOMS MODIFICATIONS,
DISTRICT PROJECT NO. 7253
installation of fire rated walls and ceiling, a new HVAC system, built -in desks and
cabinets, replacement of the fire suppression system, the floor tiles and replacement of
the ceiling tile system. The project will also replace the computer workstation in the
SCB control room to accept the new control system computers. See Attachment 1 for
project location.
Montgomery Watson Harza (MWH) prepared the plans and specifications for the
architectural and lighting work, and AEPC Group, LLC (AEPC) prepared the plans and
specifications for the HVAC and fire suppression work. The scope of work and fee
schedule for the design work was authorized by the Board under the Plant Control
Systems Project (DP 7204).
The Engineer's estimate for construction of the Control Rooms Modifications is
$450,000. This project was advertised on February 27 and March 4, 2008. Four
sealed bids ranging from $433,231 to $466,258 were received and publicly opened on
March 27, 2008. A summary of bids received is shown in Attachment 2. The
Engineering Department conducted a technical and commercial review of the bids and
determined that Melloni Construction, Inc. (Melloni) is the lowest apparent bidder with a
bid amount of $433,231.
On April 2, 2008, the second low- bidder, N. E. Carlson Construction, Inc. submitted a
timely bid protest claiming the bid submitted by Melloni contained material defects
(see Attachment 3). On the following day, staff received a second timely bid protest
submitted by Melloni's legal counsel (see Attachment 4) protesting the adequacy of the
bid from the second low bidder. Both contractors submitted responses to the bid
protests (Attachments 5 and 6).
Staff has reviewed the bid protests submitted by both contractors and has concluded
that there are a significant number of deviations from the specific requirements of the
bid request documents in the apparent low bid. Similarly, there are one or two technical
deviations within the second low bid, as well as several within the other two bids
submitted. Although the Board might conclude after a responsiveness hearing that
none of the irregularities individually are so material as to legally require rejection of
either of the bids protested, given the nature of the disputes raised by the protests and
rebuttals, staff deems it prudent to reject all bids and re -bid the project later this month.
This would provide the opportunity to obtain new bids, presumably without
controversial, technical deviations from the bid requirements. Staff has notified all
interested parties of Staff's determination.
NAPESUP \Position Papers \Morales \7253 Reject Control Room Bids.DOC Page 2 of 15
POSITION PAPER
Board Meeting Date: April 17, 2008
Subject: CONSIDER BID PROTESTS /REJECT ALL BIDS SUBMITTED FOR THE
CONSTRUCTION OF THE CONTROL ROOMS MODIFICATIONS,
DISTRICT PROJECT NO. 7253
If the Board prefers to fully consider the protests and consider an award on the basis of
one of the current bids, a hearing on the bids and protests will be placed on a future
Board meeting agenda, and an opportunity to make presentations will be provided to
both bidders at the hearing.
This project is included in the FY 2007 -08 Capital Improvement Budget (CIB) on pages
TP -57 to TP -59.
RECOMMENDED BOARD ACTION: Reject all bids for the construction of the Control
Rooms Modifications Project, District Project 7253.
NAPESUP \Position Papers \Morales \7253 Reject Control Room Bids.DOC Page 3 of 15
V
'1011
2
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0
MAIN GATE e�'1
L'1j!Jj
1h,
SCALE:
0 250
FEET
Central Contra Costa
Sanitary District
ga __
O
o
SITE 1
POD MAIN CONTROL ROOM /r'
SITE 2
CB CONTROL
ROOM 1& °
CONTROL ROOMS MODIFICATIONS
DISTRICT PROJECT 7253
LOCATION MAP
c�
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ATTACHMENT
1
Page 4 of 15
ATTACHMENT 2
CONTROL ROOMS MODIFICATIONS
DISTRICT PROJECT 7253
SUMMARY OF BIDS
PROJECT NO.: 7253 NO. OF ADDENDA: 1 DATE/TIME: MARCH 27,2008/2:00 PM
PROJECT NAME: CONTROL ROOMS MODIFICATIONS
PROJECT MANAGER: NATHANIEL MORALES
PROJECT LOCATION: MARTINEZ, CALIFORNIA
ENGINEER EST.: $450,000
NO.
BIDDER
TIME
BID PRICE
Melloni Construction
1:58 PM
$433,231
4000 Gateway Road, B1
Bethel Island, CA 94511
PO Box 1357
Brentwood, CA 94513
2
N.E. Carlson Construction, Inc.
1:54 PM
$433,237
150 Middlefield Court, Suite F
Brentwood, CA 94513
3
e.a.Sparacino General Contractors, Inc.
1:31 PM
$458,620
2506 Via Verde
Walnut Creek, CA 94598
4
Aztec Consultants, Inc.
1:55 PM
$466,258
2021 Omega Road, Suite 200
San Ramon, CA 94583
BIDS OPENED BY /s/ Elaine R. Boehme DATE: March 27, 2008
NAPESUP \Position Papers \Morales \7253 Reject Control Room Bids.DOC Page 5 of 15
V
r
Wednesday, April 02, 2008
ATTACHMENT 3
N.E. Carlson Construction, Inc.
150 Middlefield Ct., Space F
Brentwood, CA 94513 -4027
(925) 516 -0253 Fax: (925) 516 -0255
www.necarlsonconsh,uction.com
License # 478879
Ms. Elaine Boehme
Secretary of the District
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
RE: Bid Protest
Control Rooms Modifications Project
District Project 7253
Bid Date: 3 -27 -08
Dear Ms. Boehme:
APR 0 3 2008
8ECRETM OF THE DISTRICT
NE Carlson Construction, Inc. is hereby protesting the apparent low bid of Melloni Construction
for $433,231.00 because they did not provide the following:
As described in Volume 1 Part 2 Instruction to Bidders Page 9:
• Alterations to the bid: In the first paragraph any alterations to the bid form shall be
formally explained and initialed by the contractor. A schedule of value was changed and
not explained or initialed.
• Submission of Volume 1 in its entirety: In paragraph 2 the bid forms shall remain intact
in Volume 1 and submitted in its entirety. This was not done.
• Corporate Seal: In paragraph 7 the corporate seal shall be affixed to the bid to which a
corporation is a party as a bidder. This was not done.
• Type or clearly imprinted name: In paragraph 7 the name of each signatory shall be typed
or otherwise clearly imprinted below each signature. This was not done.
Additional items under protest:
• Mellon Construction did not provide a notarized signature for their signature on the bid
bond.
• Under the schedule of values item #5 the price for the HVAC controls is exorbitant. The
controls are a small part of the entire HVAC work. This value does not represent the real
value of the controls for the HVAC.
• Mellon Construction was allowed to amend their bid form, on Monday 3.31.08, after
bidding on Thursday 3.27.08. They provided a corporate seal number and provided the
notarized signature.
Page 1 of 2
Page 6 of 15
The aforementioned items were to be part of the bid form and Mellon Construction did not
provide this information as required. In Volume 1 Part 2 Instruction to Bidders page 9 paragraph
5 partial or incomplete bids will be not considered. Bids shall be in strict conformity with Parts
1, 2 and 3 for District Project 7253 and any addenda thereto.
Therefore Mellon Constructions' bid should be rejected as non - responding in conforming to the
bid instructions provided by the District.
We feel our bid should be considered as the responsible bidder in as much as we followed the bid
instructions provided.
If you have any questions or need any additional information please call.
Sin y,
Nels E. Carlson
President
CC: Mellon Construction
Page 2 of 2
Page 7 of 15
ATTACHMENT 4
Sweeney, Mason,
Wilson & Bosomworth
A Professional Law Corporation
Kristen E. Green
April 3, 2008
Via Facsimile (925) 676 -7211 and US Mail
Ms. Elaine Boehme
Secretary of the District
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
RE: District Project No. 7253
Control Rooms Modifications Project
Bid Date: March 27, 2008
Protest to Bid of N.E. Carlson Construction, Inc.
Dear Ms. Boehme:
41E 41014
APR 0 7 2008
- -. a hi
983 University Avenue, Suite 104C
Los Gatos, CA 95032 -7637
Telephone: (408)356 -3000
Facsimile: (408)354 -8839
kgreen @smwb.com
This firm represents Mellom Construction regarding the above- 'referenced project. This
letter is to formally protest the bid of N.E. Carlson Construction, Inc. ( "NE Carlson ") on the
following grounds:
NE Carlson's Bid Includes an Improperly Licensed Subcontractor.
NE Carlson's bid lists Arch Millwork, 33 Dorman Avenue, San Francisco, California as
the subcontractor to complete cabinet work on the project. Arch Millwork is actually licensed as
J M A Construction under a B license (a print -out from the CSLB's website regarding J M A's
license is enclosed). Cabinet work requires a C6 license. Business & Professions Code §7057
specifically provides that "a general building contractor shall not take a subcontract involving
trades other than framing or carpentry, unless the subcontract requires at least two unrelated trade
or crafts other than framing or carpentry, or unless the general building contractor holds the
appropriate license classification." NE Carlson has only listed Arch Millwork to provide
"cabinets." Since J M A is not properly licensed for its listed portion of work, the District must
deem NE Carlson's bid as non - responsive.
NE Carlson Has Failed to Adequately List its Subcontractors
NE Carlson has failed to adequately identify subcontractors listed in Section 4 at DP 7253
— Volume 1 — Page 25 of the bid documents. The subcontractor list in bold text states "Specific
Page 8 of 15
Information Required" and requests the subcontractor's place of business. NE Carlson
completely fails to provide the addresses for four of its eight subcontractors in clear violation of
the bid requirements and the subcontractor listing law included in Public Contract Code § §4100,
et seq. also known as the Subletting and Subcontracting Fair Practices Act. The Act was enacted
to ensure that an awarding authority would have opportunity to investigate and approve initial
subcontractors and any proposed substitutions. See E.F. Brady Co. v. M.H. Golden Co. (1997)
58 Cal. App. 4`h 182. NE Carlson's inadequate listing of subcontractors makes it impossible to
determine whether the second listed subcontractor, "G. Rose Sons" is properly licensed as no
information regarding this subcontractor was located after a reasonable, diligent search on the
CSLB's website.
For the above - reasons, NE Carlson's bid is non - responsive and should be deemed non-
responsive.
I am also in receipt of Andrew Antkowiak's correspondence of today's date to Janet
Melloni regarding NE Carlson's bid protest. Melloni's response to the same will be sent under
separate cover prior to the close of business on April 8, 2008.
Very truly yours,
SWEENEY, MASON, WILSON
& BOSOMWORTH
I
KRISTEN E. GREEN, ESQ.
KEG: nw
cc: Joseph Sweeney, Esq.
Client
Nels E. Carlson, N.E. Carlson Construction, Inc. (via facsimile 925 -516 -0255)
Kent Alm, Esq. and Bryan Otake, Esq. (via facsimile 510 -444 -1108)
Page 9 of 15
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License Number: 743286 Extract Date: 04103/2008
Status
Business Information: J M A CONSTRUCTION
• Search for a Surety
33 DORMAN AVE
Bond Insurance
SAN FRANCISCO, CA 94124
Company
Business Plane Number. (415) 282 -6628
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Compensation
Entity: Sole Ownership
Company
Issue Date: 11/26/1997
How to Participate
Expire Date: 11/30/2009
License Status: This license is current and active. All information below should be
reviewed.
Classifications: CLASS DESCRIPTION
8 GENERAL BUILDING CONTRACTOR
Bonding: CONTRACTOR'S BOND
This license filed Contractor's Bond number 6079315 in the amount of
$12,500 with the bonding company
SURETY COMPANY OF THE PACIFIC.
Effective Date: 12/01/2007
Contractors Bonding History
Workers' This license has workers compensation Insurance with the
Compensation: STATE COMPENSATION INSURANCE FUND
Policy Number. 238 - 0000919
Effective Date: 06/01/2004
Expire Date: 08/01 /2008
Workers' Compensation History
Consumers I Contractors I Applicants I Journeymen I Public Works I Building Officials I General Info
CSLB Home I Conditions of Use I Privacy I Contact CSLB
Copyright ® 2007 State of California Page 10 of 15
1 of 1 4/3/2008 1:49 PM
I .
Friday, April 04, 2008
Ms. Elaine Boehme
Secretary of the District
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
ATTACHMENT 5
N.E. Carlson Construction,
150 Middlefield Ct., Space F
Brentwood, CA 94513 -4027
(925) 516 -0253 Fax. • (925) 516 -0255
www.necarlsonconstruction.com
License # 478879
RE: Melloni Protest Letter dated 4.3.08
Control Rooms Modifications Project
District Project 7253
Bid Date: 3 -27 -08
Dear Ms. Boehme:
Inc.
RECEIVED
APR 0 7 2008
CC=
SECREURY OF THE DISTRICT
NE Carlson Construction, Inc. received a letter dated 4.3.08 from Sweeney, Mason, Wilson and
Bosomworth (SMWB) regarding our protest letter for the above - referenced project.
NE Carlson has the following responses to the two SMWB issues:
1) If the District has an issue with the license for Architectural Millwork dba JMA Construction
to furnish and install the cabinets, JMA will agree to furnish the cabinets only and NE Carlson
Construction will install them.
2) SMWB claims we "failed to adequately identify subcontractors listed" and did not provide
"addresses" for four of our eight listed subcontractors. Two of the listed subcontractors did not
need to be listed. G. Rose &Sons, our glass subcontractor actually fell below the dollar amount
required for listing. The fire suppression subcontractor falls under the responsibility of the
electrical and did not need to be listed.
The remaining two subcontractors were listed with City only. In Volume 1 page 25 "Specific
Information Required" only states a Place of Business. A place of business is a city. It does not
state a requirement for a complete mailing address to be listed. These contractors are very well
known in the area and if the District wanted to "investigate and approve" them they could easily
be located. They are in the same city as the project.
NE Carlson provided the required specific information about the place of business for the
subcontractors.
Pagel of 2
Page 11 of 15
We feel our bid should be considered as the responsible bidder in as much as we followed the bid
instructions as provided.
If you have any questions or need any additional information please call.
Sinc y,
t
Nels E. Carlson
President
CC: Melloni Construction
Page 2 of 2
Page 12 of 15
Sweeney, Mason,
Wilson & Bosomworth
A Professional Law Corporation
Kristen E. Green
April 8, 2008
Via Facsimile (925) 676 -7211 and US Mail
Ms. Elaine Boehme
Secretary of the District
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Nj�Do ATTACHMENT 6
Q� o
apR1°TOS
ccoS.°�EO�s��c�
SEGRowy OF 983 University Avenue, Suite 104C
Los Gatos, CA 95032 -7637
Telephone: (408)356 -3000
Facsimile: (408)354 -8839
kgreen @smwb.com
RE: District Project No. 7253
Control Rooms Modifications Project
Bid Date: March 27, 2008
Mellon Construction's Response to N.E. Carlson Construction, Inc.'s Bid Protest
Dear Ms. Boehme:
This firm represents Melloni Construction regarding the bid protest. dated April -2, 2008:
The Central Contra Costa Sanitary, District _determined after bids :were above- referenced
project. This fetter is in response to N.E. Carlson Construction, Inc.'s ( "NE Carlson ") opened on
March 27, 2008 that Mellon Construction was the lowest responsible.bidder for the project.
Apparently, N.E. Carlson the second low bidder protests Melloni's bid based on insignificant
irregularities from the bid requirements. The following is a summary of the applicable law and a
response to each item set forth in N.E. Carlson's letter.
Applicable Law
A public entity has "discretion to waive details of the bid specifications if it determines
that such a waiver will not make the bidding process unfair, i.e., if the deviation from the
specifications was inconsequential." Menefee v. County of Fresno (1985) 163 Cal. App. 3d
1175, 1180. A bid which substantially conforms to a call for bids may, though it is not strictly
responsive, be accepted if the variance cannot have affected the amount of the bid or given a
bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is
inconsequential: Ghilotti v. Construction Co. v. City of Richmond (1996) 45 Cal. App. 4h 897,
904. Waiver should,only. be allowed if iz would not_provide the lildder an unfair advantage by
allowing the bidder to withdraw its bid without forfeiting its bid bond. Menefee, supra at 1180,
1181. The statutes. for relief of bidders (Public Contract Code §5103) provide that the bidder is
entitled to relief from its bid if the mistake was a typographical or arithmetical error and it made
the bid materially different. Valley Crest Landscape, Inc. v. City Council of the City of Davis
(1996) 41 Cal. App. 4`' 1432, 1442. Hence if the bidder could not seek relief from his bid
because of the irregularity, the irregularity is inconsequential and may be waived.
Page 13 of 15
The District's decision must be in light of the public interest rather than the private
interest of the private second low bidder. MCM Construction, Inc. v. City and County of San
Francisco (1998) 66 Cal. App. 4`h 359, 370. " "It certainly would amount to a disservice to the
public if a losing bidder were to be permitted to comb through the bid proposal ... of the low
bidder after the fact, [and] cancel the low bid on minor technicalities with the hope of securing
acceptance of his, a higher bid." Id. (citing Ghilotti v. Construction Co. v. City of Richmond
(1996) 45 Cal. App. 4 897, 908, 909. This is exactly what NE Carlson seeks to do by protesting
insignificant irregularities in Melloni's bid.
Finally, the District herein specifically reserved in bid documents the right to waive any
non - material irregularities in bids received in accordance with the above law. See Page 6 of
Volume 1 of the bid documents.
N.E. Carlson's Obiections
Alterations to Bid — NE Carlson protests that Melloni's bid contains an alteration in the
schedule of values that was not initialed or explained. Melloni was not required to initial or
explain changes to information it provided in its bid. The bid forms require "all bid forms shall
be properly executed, all blank spaces shall be filled in, and any interlineations, alterations or
erasures shall be formally executed and initialed by the bidder." The requirement clearly applies
to any interlineations, alterations or erasures to the bid form itself, not the information filled in by
the bidder. Melloni has not made any changes to the bid form itself, therefore there is no need to
initial or explain anything.
Even assuming Melloni was required to initial any change to information it provided, the
failure to do so was not a typographical or arithmetical error that materially altered Melloni's bid.
Melloni would not be entitled to relief under Public Contract Code §5103 and it did not receive
an unfair advantage. Finally, the District did not make this requirement mandatory, in that the
bidding instructions provide that "failure to comply with this requirement may be cause for
rejection of the bid."
Separation of Bid F+drms from Volume 1 -- NE Carlson next takes- issue. with the fact
that Melloni separated the bid forms from the remainder of Volume 1. Mellon submitted all of
the required bid forms and NE Carlson does not contend that forms are missing. Melloni's bid in
its submitted form merely does not contain the instructions. This did not give Melloni an unfair
advantage over other bidders. This is a minor technicality which the District can waive.
Corporate Seal — Mellon inadvertently forgot to provide its corporate seal at the time of
bid. Yet again NE Carlson has taken issue with the smallest of technicalities which in no way
confers an unfair advantage to Melloni. Indeed, the District has already waived this insignificant
irregularity when it requested Melloni submit its corporate seal, which was submitted on March
31, 2008.
Printed Name Below Signatures — NE Carlson protests the bid in that Melloni did not
print or type Janet Melloni's name below each of her signatures. This ground is simply absurd.
The first page that any bidder signs is Page 21, and directly below Janet Melloni's signature on
that page is her printed name. The fact that her name is not printed below every subsequent
Page 14 of 15
signature is clearly an irregularity that can be waived by the District. Indeed, in Menefee the
irregularity at issue was the low bidder's inadvertent failure to sign in one place, when remainder
of the required signatures had been made. The Menefee court found that the bid documents did
not expressly state that the bid had to be rejected for lack of a signature and that the lack of a
signature would not entitle the low bidder relief under the Public Contract Code, therefore the
public entity could waive the lack of a signature. Menefee, su ra at 1181. The District is clearly
entitled to waive Melloni's lack of printed name under the signature a truly insignificant
irregularity.
Lack of Notarization of Melloni's Signature on Bid Bond — When Melloni and its
surety provided the bid bond for Melloni's bid, the notary inadvertently forgot to provide a
notarization for Melloni's signature. This is a minor deviation that has already been corrected.
Indeed, the District has already waived this insignificant irregularity when it requested Melloni
submit a notary's acknowledgment of its signature,on the bid. bond, which was submitted on
March 31, 2008. The District's waiver did not confer Melloni an unfair advantage since
Melloni's bid bond was always at risk.
Melloni's HVAC Controls Price — Bizarrely NE Carlson takes issue with what it
perceives to be a high price for HVAC controls. The mere fact that one of Melloni's schedules
of values may be higher than NE Carlson's does not make its bid non - responsive. Despite what
NE Carlson contends is "an exorbitant" price for HVAC controls, Melloni's bid is still less than
NE Carlson's bid. By NE Carlson's logic its own bid would be also non - responsive, as NE
Carlson's Schedule of Value #7 (in the amount of $365,104) is over $100,000 more than
Melloni's ($253,723).
It is clear that NE Carlson's objections with Melloni's bid are of the sort that the MCM
and Ghilotti courts warned against allowing a disappointed second lowest bidder to pick apart the
lowest bidder's bid on minor technicalities to have its higher bid awarded the contract. The
small dollar difference between Melloni's and NE Carlson's bid should not bear in the District
decision. The District should not award or foster behavior such as NE Carlson's protest.
Melloni's bid was responsive and Melloni is the lowest responsible bidder.
Very truly yours,
SWEENEY, MASON, WILSON
& BOSOMWORTH
KRISTEN E. GREEN, ESQ.
KEG: nw
cc: Joseph Sweeney, Esq.
Client
Nels E. Carlson, N.E. Carlson Construction, Inc. (via facsimile 925 -516 -0255)
District Counsel, Kent Alm, Esq. and Bryan Otake, Esq. (via facsimile 510 -444 -1108)
Page 15 of 15
I. c /J
Ash Reuse
Randy Grieb
Board Meeting
April 17, 2008
History of Ash Reuse
• Mid 1980's —Landfill
• Acme Landfill
• Colusa County
• Late 1990's — Vermiculture
■ Sun Dry Products - 1998
• 2000's — Soil Amendments
• Akita Enterprises — 2003
• Cal Soils — 2007
• Scotts Company - 2008
1
Stockpiles of Raw Materials
Blending and Screening
the Raw Materials
5.�
' 1 fNf. fG�M
u �
NEW
Y _
ix •k.
Pin'�c
Scotts
-
S'crut
a jLn Soil
p' soil
Scotts
SfotCS'
Potting Sad
Landfill - $40.00 /ton
Cal Soils - $33.25/ton
Scotts Company - $28.00 /ton
All have additional fuel surcharge
77, a, 90
Las Lomitas
Tom Godsey
Background
■ Subdivision constructed in 1949
■ Sewers pumped to local "aeration bed"
■ Annexed to CCCSD in 1954
■ No formal easement documents received at
the time.
1
Las Lomitas Area
Sewerage Options
■ Renovation in place
— Property rights
—Access issues persist
■ Relocate sewers to public ROW
— Eliminates property rights issue
— Improved access for Operations
2
Relocation of Sewer Laterals
Financial Impacts
■ Cost of new sewer main
— feet of sewer - $
■ Cost of relocated sewer laterals
— Average of 150' at $75 linear foot for a per lot
estimate of $11,250.
3
Possible Next Steps
■ Inform residents about the feasibility and
cost of relocating sewers to streets
■ Sewers are in good shape, so relocation
cost be response
■ If sufficient interest, investigate a financing
program that could use a loan from a bank
or bond funds.
Easement Issues
■ Las Lomitas was not a Local Improvement
District, City -owned or Developer
constructed sewer system.
■ This annexation was unique and not well
documented.
■ Property rights of District not clarified at time
of annexation.
4
Current Property Rights Issues
■ No recorded grant of easement or formal
dedication of property rights to the District.
■ Two main issues:
— Notice to current and future owners and other
parties holding property rights (lenders, other
easement owners).
— Obtaining unequivocal legal easement rights.
Easement Notice Issues
■ In the 1970's — District provided notice by recording
declaration against subdivision.
— This action has not provided adequate notice through title reports.
■ 2008 — notice by recording declaration against each parcel.
— Declaration should be reflected in most title reports.
— This action does not create "constructive" legal notice.
■ Future notice — could also record declaration in grantee -
grantor index.
— This might increase listings in title reports.
— This action would not create "constructive" legal notice.
4',
Remaining Easement Issues
■ Notice issues.
— Actual notice v. "constructive" notice.
— Current owners have actual notice, but not "constructive"
legal notice.
■ Notice v. undisputed legal easement rights.
— Actual notice will minimize problems with existing and
new property owners.
— Notice does not create easement rights.
—Must obtain grants of easement or a judgment to perfect
easement rights.
Legal Conclusions
■ Existing notices should minimize, but not
eliminate, conflicts with property owners.
■ Only means to fully eliminate conflicts over
easement rights is to obtain grants of
easement or obtain a judgment.
0
Agenda Item 7.a.4)
Board Meeting of April 17, 2008
Written Announcements:
a) District Earth Day Participation
An Earth Day event is being held Saturday, April 19, 2008 at John Muir
National Historic Site in Martinez from 10 a.m. to 4 p.m. The District will
be one of exhibitors at the celebration.
The District is also taking part in two other Earth Day events at John Muir
Health Systems. There will be a staffed exhibit scheduled for Wednesday,
April 16, 2008 on the Household Hazardous Waste and FOG programs at
the John Muir Hospital in Walnut Creek facility with a second such exhibit
scheduled for Friday, April 25, 2008, at the John Muir Hospital in Concord.
b) Certificate of Achievement for Excellence in Financial Reporting
The Certificate of Achievement for Excellence in Financial Reporting has
been awarded to the District by the Government Finance Officers
Association (GFOA) for its fiscal year 2006- 07comprehensive annual
financial report (CAFR). The Certificate of Achievement is the highest
form of recognition in governmental accounting and financial reporting.
The Certificate of Achievement plaque will be shipped in about eight
weeks, at which time it will be brought to the Board for presentation. It
should also be noted that an Award of Financial Reporting Achievement
has been awarded to Finance Administrator Colette Curtis -Brown and
Accountant Thea Vassallo as being primarily responsible for preparing the
award - winning CAFR.
c) Advertisement of the Camino Pablo Trunk Sewer and Flush
Kleen Force Main Projects, DP 5949
The Camino Pablo Trunk Sewer Improvement Project will reconstruct
approximately 3,000 linear feet of 6 -, 8 -, and 10 -inch sewer lines within the
public right -of -way and easements. Both open -cut and pipebursting
methods of installation will be used.
The FlushKleen Forcemain Renovation Project will renovate both
forcemains at the FlushKleen Pump Station. Each forcemain to be
renovated is 1725 linear feet for a total of 3,450 linear feet . The method
of installation for the new forcemains will be open -cut construction.
The projects will be combined into one project bid due to their locations.
The combined project will be advertised on April 18 and 23, 2008. The
bids will be opened on May 20, 2008. The construction cost for both
projects is currently estimated at $1,900,000.
A public outreach meeting has been scheduled for May 1, 2008 at the
Wagner Ranch School Library from 7 p.m. to 8 p.m. District staff will be
presenting the project at the May 6, 2008 Orinda City Council Meeting.
d) Board Travel and Transport Procedure
A request to review the travel policy relating to travel to and from airports,
and how to address Board Members who require transportation to and
from meetings was made at the April 3, 2008 Board meeting. District
Counsel is reviewing the matter to provide the Board with legal
considerations on the matters, and staff is surveying other agencies'
practices and is developing a cost evaluation. These will be summarized
and provided for Board consideration. The matter is expected to be on the
agenda at a May Board meeting.
e) Enhanced Version of Web -Based Sewer System Overflow
Reporting System
In the monthly report by the San Francisco Regional Board's Executive
Officer it was stated that the San Francisco Regional Water Quality
Control Board (SFRWQCB) will re- launch an enhanced version of a web -
based reporting system that was developed in 2004 for sewer system
overflows (SSOs). The system was disabled when the statewide regional
board reporting system went online in May 2007. This enhanced version
will accommodate spill reports from both sewage collection pipes as well
as from wastewater treatment plants. Spills from treatment plants are
currently reported in paper form only and not all in one place. This will
result in dual reporting of SSOs to both the Regional Board and the State.
f) Martinez Phase II Workshop
The District will host a public workshop for the Martinez Phase 2 Project
on Thursday, May 8, 2008, from 7:00 p.m. to 8:00 p.m. at the Martinez city
council meeting room. This is the second phase of sewer renovations in
Martinez. Approximately 7,500 linear feet of 6 -and 8 -inch sewer lines will
be replaced in various locations. The project will go out for bid the last
week of May with the bid opening scheduled for mid -June.
g) Alhambra Valley AVAD Meeting
On Wednesday, April 9, 2008, District staff held a meeting with potential
sewer customers in the Alhambra Valley. Approximately 60 people
attended the meeting held at John Swett Elementary School. Topics
discussed at the meeting included the status of trunk sewer construction,
connecting to the public sewer system, the proposed trunk sewer
reimbursement fees, and the Alhambra Valley Assessment District
(AVAD) Program.
The proposed reimbursement fees, $21,000 and $8,000 per home for
direct and indirect connectors respectively, will reimburse the District for
the costs of planning and, design and construction of the Alhambra Valley
Trunk Sewer Project.
At the May 1, 2008 Board meeting, the Board will be asked to consider the
Gordon /Millthwait AVAD followed by the Reliez Valley AVAD on May 15,
2008. Staff will ask the Board to consider five other AVADs in June and
July.
h) Local Agency Formation Commission Vote
At the Local Agency Formation Commission ( LAFCO) meeting on April 9,
2008, the Commission approved Annexation 166 to the District, a
proposed annexation of approximately 88 acres in six separate areas in
Lafayette, Martinez and Orinda. This is the first of a backlog of
annexations being processed to annex areas that have been previously
connected to sewers but not annexed. This approval is subject to a
protest hearing that will be held by LAFCO on May 12, 2008 at 3 pm. A
protest hearing will take place because there are fewer than twelve
registered voters representing the parcels being annexed. This is a
technicality that is part of state law of which staff just became aware. In
the future, staff will attempt to configure Annexations to ensure that there
more than twelve registered voters within the annexation parcel areas.
The Municipal Service Review (MSR) and Sphere of Influence Update
were also considered at this meeting. LAFCO accepted the MSR, but
deferred a decision on the Sphere of Influence (SOI) Update to a future
meeting. The discussion on the SOI Update centered on the desire of a
number of the Commission members to expand the District and Contra
Costa Water District (CCWD) SOI's to be contiguous with the Urban Limit
Line. This SOI expansion would require some level of CEQA review
which LAFCO was reluctant to fund and wanted the impacted agencies to
fund. When staff receives a formal communication from LAFCO on this
issue, staff will bring it to the Board for discussion. This may occur as
soon as the May 1, 2008 Board meeting.
i) Water Re -use Conference Out -Of -State Travel
Environmental Services Division Manager Curt Swanson will be in Denver,
Colorado from May 4, 2008 through May 6, 2008 attending the
WateReuse Foundation Research Conference. The annual conference
covers topics such as emerging pollutants in recycled water, pathogen
removal, membrane treatment, and other innovative treatment
technologies. The cost of attendance at this conference will be funded
from his Manager Professional Expense Allowance.
Agenda Item 7.a.4)
Board Meetina of April 17, 2008
Additional Written Announcements:
j) CASA Alert Ui date on ProDerty Tax Prowsal
CASA Lobbyist Mike Dillon provided an update on the water and
wastewater property tax "parole realignment" proposal. A copy of the
letter he provided is attached.
k) Recycled Water Repair
On April 10, 2008, District staff found a leak from an isolation valve of a
12 -inch HDPE recycled water line at the Pleasant Hill intersection of Boyd
Road and Patterson Road. Once an upstream valve was closed off, the
water stopped leaking, confirming it as recycled water.
Two Sequoia schools are located immediately north of this intersection,
which prompts a weekend repair. Since the line is 13 -feet deep, the dig -
up portion will take the majority of the weekend to complete.
The Contra Costa Water District (CCWD), our contractor, will use a
subcontractor who specializes in HDPE pipeline work to fix the leak. Since
some customers are out of water, the HDPE repair has been scheduled
for Thursday, April 17, 2008, between the times parents drop off and pick
up their children
I) Accepting CSDA Board Vacancy Letters of Interest — Region 3
The California Special Districts Association (CSDA) currently has an open
seat available to CSDA regular member agency staff or elected officials in
Region 3 only. This vacancy will be filled on May 13, 2008. Refer to the
attached memorandum for further information.
m) Postoonement for Bid Oaening of Walnut Creek Renovations
Phase 6 oroiect
Staff has postponed the bid opening for the Walnut Creek Renovations Phase 6
project from April 15, 2008 to April 21, 2008. The reason for the postponement is
to allow appropriate time to address concerns of bidders. Staff plans to bring the
project to the Board for award consideration at the May 1, 2008 Board meeting.
ALIFINNIA ASSICIATMN of SANITARIN ACENCIES
215 K Street, Suite 2290 Sacramento, CA 95814 PH: (916) 446 -0388 — FX: (916) 231 -2141 www.casaweb.org
April 11, 2008
TO: CASA Members
CASA Executive Board
cc: CASA Legislative Committee
Catherine Smith, Executive Director
FROM: Mike Dillon, CASA Lobbyist
Via Electronic Mail
UPDATE ON WATER AND WASTEWATER PROPERTY TAX "PAROLE
REALIGNMENT" PROPOSAL
Recently the Senate and Assembly Budget Subcommittees held "informational"
hearings on the controversial Legislative Analyst's Office proposal to shift property
taxes from water and wastewater districts to counties for the "realignment
responsibility of supervision of low -level criminal offenders released from state
prison." The so- called "parole realignment" would require a "reallocation of waste
and water enterprise special district property taxes ($188 million), city Proposition
172 sales taxes ($178 million), and vehicle license fees retained by the DMV for
administrative purposes ($130 million)." (Source: LAO Perspectives and Issues:
Alternative Budget Approach)
Typically issues pertaining to water and wastewater are the purview of the Budget
Subcommittees on Resources. However, due to the intricate nature of the parole
realignment proposal and its direct affiliation with the criminal justice community,
the issue was sent for review to the Senate Budget Subcommittee #4 on State
Administration, General Government, Judiciary, and Transportation.
Subcommittee Chairman Mike Machado said in his opening remarks, "Recognizing
that the dollars need to flow, does the policy make sense ?" Maryanne O'Malley
from the LAO's office then gave an overview of their proposal and, in arguing for
the reallocation, stated, "There is a reasonable alternative for all of these funds.
But just like in the Budget situation, there may be a more compelling use." (i.e.
use of the property taxes)
CASA, ACWA and others testified against the proposal. CASA and ACWA noted
that it would be very difficult for agencies to backfill the losses proposed by the
LAO's property tax shift. CASA testified, "The Analyst suggests these agencies
can increase fees to offset losses, which is true. But it is not as easy as it sounds.
Ensuring Clean Water For California
1�
-7. /
MEMORANDUM
TO: CSDA Voting Members in Region.3
FROM: Diana Zavala, Administrative Assistant
DATE: April 11, 2008
SUBJECT: CSDA Board Vacancy - Region 3
Accepting Letters of Interest
The CSDA Board of Directors currently has an open seat in Region 3. This region includes
the following counties:
Alameda
Monterey
Santa Clara
Contra Costa
Napa .
Santa Cruz
Lake
San Bernardino
Solano
Marin
San Francisco
Sonoma
Mendocino
Sam Mateo ;
This seat is open to CSDA regular member agency staff or elected officials in Region 3
only. Once appointed, this seat will serve until Fall 2009. This vacancy will be appointed by the
CSDA Board of Directors on May 13, 2008.
The California Association of Special Districts (CSDA) Board of Directors is a governing body
responsible for all policy decisions related,to CSDA's member services, legislative programs,
education and resources. The functions are crucial to the operation of the Association and to the
representation of the common interests'of all California special districts.
Serving on the Board requires one's interest in the issues confronting special districts statewide.
In addition, it means traveling to all Board meetings, usually six to eight per year, participating
on some committees, and attending major CSDA events. CSDA reimburses directors for travel
expenses for meetings.
Individuals who are interested in being interviewed for this vacancy need to complete the
attached nomination form and return it, along with a letter of interest by May 2, 2008 at Noon.
Am Alliance committed to serving California's independent special districts.
Cali[ornia Special
Special District Risk
CSDA
Districts Association
Management Authority
Finance Corporation
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CALIFORNIA SPECIAL DISTRICTS ASSOCIATION
BOARD OF DIRECTORS
Name of
Candidate:
District:
Mailing
Address:
Region: Region 3. Seat A (Appointment)
Telephone:
E-mail:
Nominated by (optional):
Fax:
Signature of General Manager/Board President supporting participation on the CSDA Board of
Directors:
General Manager/Board President-Signature:
Return this form supporting the candidate by fax or mail to:
CSDA
Attn: Diana Zavala
1112 1 Street, Suite 200
Sacramento, CA 95814
(91.6) 442 - 7887/,(916) 442 -7889 fax
DEADLINE FOR RECEIVING NOMINATIONS — Ma
v 2, 2008 & Noon
Interested individuals may attach a letter of interest outlining why they would like to serve on the
CSDA Board and any relevant background information related to their work with special
districts.
GOVERNMENT CLAIMS PROGRAM
400 R Street, 5'" Floor • Sacramento, California 95811
Mailing Address: P.O. Box 3035 • Sacramento, California 95812
Toll Free Telephone Number 1- 800 -955 -0045 • Fax Number. (918) 491 -8443
Internet: www vcaeb.ca.eov
Randall Musgraves
5019 Imhoff PI
Martinez, CA 94553
April 14, 2008
RE: Claim G567585 for Randall Musgraves
Dear Randall Musgraves,
'7-.a 0)
STATE OF CALIFORNIA
ARNOLD SC"ARZENEGGER, Govemor
ROSARIO MARINI
Secretary
State and Consumer Services Agency
Chairperson
JOHN CHIANG
State Controller
Board Member
MICHAEL A. RAMOS
San Bernardino County District Attorney
Board Member
KAREN McGAGIN
Executive Officer
Based on its review of your claim and the recommendations provided by the involved State agencies, Victim
Compensation and Government Claims Board ( VCGCB) staff recommends your claim be rejected for the
following reason(s):
The claim raises issues that are outside the scope of analysis and interpretation typically undertaken by the
Board; therefore, the court system is the appropriate means for resolution of this claim.
The VCGCB's policy for claims such as yours is to accept the staff recommendation without hearing claimant
appeals. The VCGCB will act on your claim at the May 15, 2008 hearing. We will notify you by mail of the
VCGCB's action on your claim shortly after the hearing. The VCGCB's rejection of your claim will allow you to
initiate litigation should you wish to pursue this matter further.
If you have questions about this matter, please mention letter reference 43 and claim number G567585 when
you call or write your claim technician or analyst at (800) 955 -0045.
Sincerely,
Government Claims Program
Victim Compensation and Government Claims Board
cc: B -15 Caltrans, Attn: Diana Tham, Legal Division
Ltr 43 Recommendation Reject
-?�INOI
Central Contra Costa Sanitary District
April 10, 2008
TO: Honorable Members of the Board
FROM: Jim Kelly, General Manager . hill
SUBJECT: Major Code Policy Consideration
At the March 6, 2008 Board Meeting, I recommended that staff and District counsel
prepare a summary of major policy considerations to facilitate the Board's review of
code revisions. You agreed with this recommendation.
Staff and counsel have summarized the major policy considerations for Titles 7 and 9;
the summary is attached for consideration. These are the last titles of the review series.
A memorandum summarizing policy consideration for the Overflow Protection Device
will be provided for discussion at the May 1, 2008 Board meeting. The adoption of the
District Code will also be recommended for consideration at a subsequent meeting.
JMK:slc
Attachment
cc: Kent Alm
Elaine Boehme
HAGeneral Manager's DirectoryXBoard Documents\2008\2008 -04 -17 Major Code Change Consideration Memo.doc
Summary of Proposed Update of CCCSD Code Titles 7 & 9
Title 7: REAL PROPERTY AND IMPROVEMENTS
The recommended Title 7 is entirely new, and is intended to clarify and strengthen the
District's existing property rights and procedures, particularly regarding easements.
Chapter 7.01 Property Rights for District Wastewater Facilities Existing as of the date of
adoption of the Code revision
The District declares that it has acquired and accepted the property rights needed for all
existing facilities shown on the District's "Collection System Maps" as of the date of the Code
update, and describes each of the methods that were used to acquire and accept these
rights. This chapter and Chapter 9.08, Public Sewers, which is discussed below, will
strengthen the District's position in situations like the Green Street (Kramer) easement the
District is currently seeking to perfect.
Chapter 7.02 Acceptance of Interests in Real Property
Establishes procedures for acquiring and accepting new property rights after the Code
revision takes effect. Section 7.02.040 limits the District's liability between the time that
property is offered for dedication and the Board of Directors accepts the offer.
Currently only the Board accepts grants of easements. Section 7.02.050 continues to have
the Board accept grants of easements, and it allows the Board to delegate responsibility for
acceptance of some or all of the grants of easements to staff at some future time, if the
Board so desires.
Chapter 7.04 Use of Appurtenant Easements for Public Sanitary Sewer Facilities
This chapter codifies that the District may own and maintain sewers in easements that are
"appurtenances" to private properties, that is, easements that provide for access, sewer
facilities or other utilities to benefit those properties. A request for service to one or more
properties entitled to use the appurtenant easement is needed for the District to assert its
rights. Section 7.04.030 allows the District require a recorded document to provide notice of
its rights in a particular appurtenant easement.
Chapter 7.15 Easements and Easement Encroachments
This chapter defines terms and groups encroachments onto District -owned easements into
two categories: Class One encroachments (minor encroachments such as fences, gates, or
modest landscaping) and Class Two encroachments (major encroachments such as
swimming pools, permanent decks, patios, or garages. The Chapter permits the District and
private property owners to enter into "Real Property Agreements" that allow the limited
maintenance of such encroachments, depending upon the class and effect of the
encroachment on District operations.
Summary of Proposed Update of CCCSD Code Titles 7 & 9
Page 2 of 3
In addition, the chapter declares that the minimum width for easements is ten feet,
centered on the sewer pipeline.
Chapter 7.20 Right to Access District Facilities
The District's right to access its facilities on private property is restated in this chapter.
Section 7.20.030 allows the District to issue "Right of Entry" permits to its consultants and
contractors.
Title 9: SEWERS
Title 9 has several significant policy issues the Board may want to consider in more detail.
Chapter 9.02 General Provisions
This section makes the applicant's signature on a permit for sewer work an enforceable
agreement binding the applicant to comply with all Code, permit, and District specification
requirements.
Chapter 9.08 Public Sewers
Through provisions similar to those found in Title 7 (Real Property), this chapter declares
that all public sewer facilities shown on the "Collection System Maps" as of the date of the
adoption of this Code update are accepted as District public sewer facilities by the
District's conduct and use of such facilities.
Chapter 9.10 Side Sewers and Connections
This chapter explicitly states that the property owner owns and is responsible for the entire
side sewer (lateral and building sewer) from the building to and including the connection at
the public sewer. This clarifies the property owner is responsible for the entire side sewer,
including the portion of the publicly owned right of way. This is the current District practice,
and this chapter clarifies the current practice described in the existing the Code. By clarify
the Property owner owns the entire side sewer, this section makes it obvious the property
owner is responsible for the repair and maintenance of the facilities that only serves the
property owner. This section also reduces the District's exposure to third party lawsuits
and cost of future sewer rehabilitation projects.
Chapter 9.15 Overflow Protection Devices
The Board will receive a briefing memo on this Chapter before the May 1, 2008 Board
meeting, and this chapter will be listed on the agenda to receive Board direction at that
meeting.
Summary of Proposed Update of CCCSD Code Titles 7 & 9
Page 3 of 3
Chapter 9.30 Relinquishment of District Ownership and Maintenance Responsibilities
For Sewers to Property Owners
This chapter includes due process procedures to transfer (relinquish) a public sewer to
private ownership or abandonment of public sewer facilities. Relinquishment might be
desirable in cases where public sewer facilities serve only a single property or where
public facilities exist in the common area of a condominium development.
Chapter 9.40 Abandonment of District Sewer Facilities and Substitution of Alternate
Facilities
This chapter declares that property owners do not have an irrevocable entitlement or vested
right to receive wastewater utility service via any particular sewer facility or method by virtue
of having received such service in the past. The aim here is to clearly establish that the
Board may relocate existing sewer facilities, or abandon and provide substitute alternative
sewer facilities. For example, it may be in the District's best interests in some cases to
substitute privately or publicly owned individual lot pumped systems rather than renovate
and maintain gravity sewers in off street easements.
I. b. I)
Central Contra Costa Sanitary District
April 11, 2008
TO: Honorable Members of the Board
FROM: Jim Kelly, General Manager l
SUBJECT: District Code Titles 7 and 9
Titles 7 and 9 are attached. There is one version of Title 7 as the entire title is new.
There are two versions of Title 9, the proposed final version and a red line- strikeout
version showing changes from the current code.
These are the two titles on the agenda for the April 17th Board meeting.
JMK:slc
Attachment
cc: Kent Alm
Elaine Boehme
HAGeneral Manager's Directory\Board Documents\2008\2008 -04 -11 Major Code Change Consideration Memo.doc
Title 7
REAL PROPERTY AND IMPROVEMENTS
Chapters;
7.01 Property Rights for District Wastewater Facilities Existing as of [Date of Adoption of
this Code Revisionl
7.02 Acceptance of Interests in Real Property
7.03 Quitclaiming or "Vacating" Real Property
7.04 Use of Appurtenant Easements for Public Sanitary Sewer Facilities
7.08 Lease of District Real. Property
7.10 Sale of Surplus Real Property
7.15 Easements and Encroachments
7.20 Right to Access District Facilities
Chapter 7.01
PROPERTY RIGHTS FOR DISTRICT WASTEWATER FACILITIES EXISTING AS OF [Date of
Adoption of this Code Revisionl
Sections:
7.01.010 Acknowledgment and Declaration.
7.01.010 Acknowledgment and Declaration.
A. The District acknowledges, asserts and hereby declares that it has acquired and
accepted property rights necessary for construction, reconstruction, renewal, alteration, operation,
maintenance, inspection, repair and replacement of all those District -owned and /or maintained sanitary
sewer or recycled water facilities that are shown on the District's "Collection System Maps" as of
<insert the date of adoption of this Title, which are kept on file in the office of the Secretary of the
District in an uncodified manner (referred to as "Collection System Maps" in this Code), whether such
facilities exist in a public or private right -of -way, street, road, or path, or in a recorded or unrecorded
easement or reservation, or in any other location whatsoever.
In making the above acknowledgement, assertion and declaration, the District further declares
that the purpose of this Chapter 7.01 is to state its position and to clarify the existence of property rights
that have previously been acquired. This declaration and clarification of existing woperty rights shall
not be construed to be a new acquisition, taking or other action subjecting the District to any claim of
liability for compensation.
Such existing property rights have been acquired by various means, including those set forth
below:
1. Formal acceptance by resolution of the District Board of Directors of
easements, reserves or other rights offered for dedication to the District for construction,
reconstruction, renewal, alteration, operation, maintenance, inspection, repair and /or replacement of
public sanitary sewer facilities under the Subdivision Map Act or by separate instrument (Grant of
Easement, Irrevocable Offer of Dedication, License, Real Property Agreement, etc.).
2. Acceptance of Other Recorded Grants of Easements, Dedications or Right of
Ways by Conduct. The District also has acquired and accepted by its conduct the right to construct,
reconstruct, renew, alter, operate, maintain, inspect, repair and replace District sanitary sewer facilities
shown on its Collection System Maps in easements, reservations or right of ways for which it has a
recorded grant deed, offer of dedication or reservation shown on a subdivision map or described in
recorded Covenants, Conditions and Restrictions for sanitary sewer purposes within such areas of the
grant, dedication or reservation regardless of whether written records exist to demonstrate formal
acceptance by the Board of Directors.
3. Acceptance of Offers of Dedication Under Subdivision Map Act by Conduct.
Where, prior to <insert the adoption date of this ordinance, public sanitary sewer facilities have
been constructed by the District itself or by others and subsequently contributed to the District, and /or
the facilities been operated or maintained by the District in an easement, reservation or right of way,
which was offered for dedication to the county, to a city or to the District for sanitary sewer, street, road,
utility or public use under the Subdivision Map Act, whether such offer was initially or subsequently
rejected or accepted by the city, the county or the District, the District hereby declares that it has
accepted such offer for District use for construction, reconstruction, renewal, alteration, operation,
maintenance, inspection, repair and replacement of public sanitary sewer facilities through its conduct.
4. Acceptance of Unrecorded Grants or Reservations by Conduct. Where, prior
to <insert the adoption date of this ordinance, public sanitary sewer facilities have been
constructed by the District itself or by others and subsequently contributed to the District, and/or the
facilities have been operated or maintained by the District in an easement, reservation or right of way
which is shown on a grant of easement, non - statutory offer of dedication or deed continuing a
reservation in favor of the District (including generalized reservation) for utilities or public use and the
District has constructed or maintained sewers or sewer facilities in such easement, reservation or right
of way area without such grants or dedication having been formally accepted by the District and /or
recorded, the District hereby declares that it nonetheless has in fact accepted such grants, dedications
or reservations for its use for construction, reconstruction, renewal, alteration, operation, maintenance,
repair and replacement of such public sanitary sewer facilities through its conduct.
5. Use of Appurtenant Easements. The District shall have the right to construct,
reconstruct, renew, alter, operate, maintain, inspect, repair and replace public sanitary sewer facilities
in appurtenant easements pursuant to an assignment of such rights to the District through a license or
other recordable document as provided in Chapter 7.04 of this Code.
6. Prescription, Necessity, or other equitable means. The District shall have also
acquired by prescription, necessity or other equitable means property rights to easements or right of
ways that may not have been formally offered to or accepted by the District in the past for all those
sanitary sewer facilities shown on its Collection System Maps as of <adoption date of this title >, but not
described in Subsections A.1 though A.5 of this Chapter above, that it has operated, maintained,
inspected or made use of for a period five years or more or otherwise in compliance with legal
requirements for prescription or necessity.
7. Condemnation. Acquisition of easements or other property interests through
condemnation proceedings.
8. Exception to this Acknowledgement and Declaration of Ownership.
Notwithstanding subparagraphs A.1 through Al above, there are specific locations where sewer
facilities may be shown on the District's Collection System Maps as of the date of adoption of this Title
to which these general declarations and acceptances do not apply. The specific locations of
easements, dedications or right of ways that the District does not acknowledge or accept ownership of
include the following:
a. Areas underlying facilities marked as "Abandoned Lines" on the Collection
System Maps.
b. Areas underlying facilities marked as "Tentative Sewer Lines" on the
Collection System Maps.
C. Areas underlyinq facilities marked as "Proposed Future Lines" on the
Collection System Maps.
d. Areas underlying facilities marked as "Private Lines" on the Collection System
Maps.
e. Areas underlvina facilities marked by text or labels on the Collection Svstem
Maps as being owned by other public agencies.
Chapter 7.02
ACCEPTANCE OF INTERESTS IN REAL PROPERTY
Sections:
7.02.010 Policy.
7.02.020 Irrevocable offers of dedication. requirement of acceptance.
7.02.030 Acceptance of offers of dedication solely for purpose of subsurface sewer facilities.
7.02.040 Pre - acceptance liability.
7.02.050 Grants of easement — acceptance.
7.02.010 Policy.
With the exception of those real property interests acquired and accepted as acknowledged,
asserted and declared in Chapter 7.01, it is the policy of the District to accept real property interests
such as easements and rights of way for sewer - related purposes primarily through the acceptance of
irrevocable offers of dedication either under the provisions of the Subdivision Map Act or by separate
instrument as provided in this Chapter 7.02, or by assignment of appurtenant rights under the as
provided in the provisions of Chapter 7.04 of this Code. Dedication of private property for public use
requires an offer of dedication by the owner and an acceptance of the offer by a public agency. All
acceptances after (date of adoption of this Code Revisionl shall occur only in the manner set forth in
this Chapter and set forth by state law.
7.02.020 Irrevocable offers of dedication, requirement of acceptance.
A. When a subdivision map for an area partially or completely within the District's
boundaries, or for an area which is intended to be annexed to the District pursuant to the development
of that subdivision, is submitted to any local public agency for approval pursuant to the Subdivision
Map Act (California Government Code Section 66410 et sea.), the offer of dedication of a street, road,
trail, path, easement or other interests in real property explicitly or implicitly for sewer purposes on the
map shall be deemed to be an irrevocable offer of dedication in favor of the District. The rejection of
non -sewer rights by any other local public agency shall not affect the irrevocable offer potentially
available to the District for use for sanitary sewer facilities or the District's right to later accept such
offers of dedication for sanitary sewer purposes.
B. Prior to the District completing its final review of plans, and issuance of a permit for
construction of a proposed extension of a District main sewer, the party seeking such permit issuance
shall submit documentation conclusively demonstrating that rights of way adequate for construction,
reconstruction, renewal, alteration, operation, maintenance, inspection, repair and replacement of the
proposed main sewer extension, have been acquired in favor of and in a form acceptable to the District
by one or more of the following instruments: 1 ) evidence of submittal for approval to the county or city
with jurisdiction pursuant to the Subdivision Map Act, following favorable review by the District, of a
subdivision map that includes offers of dedication of streets, roads, trails, paths, easements or other
interests in real property explicitly, or implicitly in the case of public road dedications, for sanitary sewer
purposes over the entire alignment of the proposed main sewer extension, or portions thereof: 2)
submittal of properly executed irrevocable offers of dedication for easements over the entire alignment
of the proposed main sewer extension, or portions thereof, on forms acceptable to the District; 3)
submittal of documents on forms acceptable to the District and suitable for recording, properly
executed by the dominant tenement owner(s) of appurtenant easements over the entire alignment of
the proposed main sewer extension, or portions thereof, reflecting assignment to the District of the
appurtenant rights regarding sanitary sewers pursuant to the provisions of Chapter 7.04 of this Code;
and /or 4) quitclaims, grants of easement or other similar documents.
C. General or specific -case authority to receive and record irrevocable offers of
dedication may be delegated to the General Manager by resolution of the Board. However, receipt and
recording of an irrevocable offer of dedication shall not constitute District acceptance of the offer of
dedication. Offers of dedication shall be accepted only as provided in Subsection 7.02.020 D below.
D. With the exception of those real property interests acknowledged, asserted and
declared in Chapter 7.01, an irrevocable offer of dedication of an easement or other interests in real
property for sewer purposes, including all Subdivision Map Act offers of dedication, shall be accepted
by the District only by either: 1) adoption and recording of a resolution of the Board; or 2) by execution
and recording of a "Certification of Acceptance" by the General Manager pursuant to a resolution of the
Board delegating general or specific case authority to accept offers of dedication. Neither the receipt
nor recording by the District of an irrevocable offer of dedication instrument nor a property owner's filing
of a subdivision map including offers of dedication shall constitute acceptance of the offer of dedication.
7.02.030 Acceptance of offers of dedication for limited purpose.
The District may accept any offer of dedication of property rights for use for sanitary sewer
facility purposes in its entirety or only in part. At the discretion of the Board, the District may limit
acceptance of any dedication solely to exclusive or non - exclusive subsurface rights for the purpose of
laving sewer facilities and to exclusive or non - exclusive surface access rights for construction,
maintenance and repair of such facilities. Any acceptance by the District of dedicated property rights
may be limited to certain locations within a larger dedication. In no event shall such a limited
acceptance constitute an acceptance of non - accepted Property rights such as rights for a public street,
or a public right of way, or subject the District to responsibility for maintenance or liability arising from
facilities or land which were not specifically accepted or are not related to sanitary sewer facilities.
7.02.040 Pre - acceptance liability.
Under no circumstances shall the mere approval by another local agency of a subdivision map
with sewer facility dedications constitute acceptance by the District of such a dedication. Likewise, by
itself, a mere offer of dedication that is made after <insert the date of adoption of this ordinance>
and is separate from the real property interests acknowledged, asserted and declared in Chapter 7.01,
shall not constitute an acceptance by the District, or impose liability on the District or render any land to
be "public property" owned by the District under the Tort Claims Act, Section 810 et seq. of the
Government Code.
7.02.050 Grants of easement — acceptance.
Notwithstanding the rights and prerogatives granted under this Chapter, the District reserves to
itself the power to acquire grants of easements for sewer purposes when, in its discretion, it determines
that it is advisable to do so. The grants of easements shall not be accepted by the District until
accepted by either: 1) adoption and recording of a resolution of the Board; or 2) by execution and
recording of a "Certification of Acceptance" by the General Manager pursuant to a resolution of Board
delegating general or specific case authority to accept offers of dedication.. (Ord. 198 � 3(Exh.
C(part)), 1996: Ord. 173 (part), 1990)
Chapter 7.03
QUITCLAIMING OR "VACATING' EASEMENTS, RIGHT -OF -WAYS AND LICENSES FOR SEWER
AND RELATED USES
Sections:
7.03.010 Scope of Quitclaim Chapter.
7.03.020 Procedures to Quitclaim or Vacate Real Property Interests.
7.03.010 Scope of Quitclaim Chapter.
The procedures set forth in this Chapter shall be applicable to the quitclaiming or exchanqe of
easements, right -of -ways and licenses owned by the District and determined to be surplus and no
longer necessary for public purposes pursuant to the provisions of Section 8300 et seq. of the
Government Code.
7.03.020 Procedures to Quitclaim or Vacate Real Property Interests.
If the General Manager determines that certain property rights held by the District, such as
easements, rights -of -way or licenses for sewer or sewer - related purposes are unnecessary for present
or prospective District use, or that conveyance or exchange of such property rights would be of public
benefit, he or she shall prepare a position paper, determination or a report to that effect. Such position
paper, determination or report shall be presented to the Board for its consideration. The Board may in
its sole discretion convey such real property rights by authorizing execution of grant deeds, quitclaims
or contracts by Resolution. The transfers of property rights addressed in this Chapter shall not be
subject to the vacation procedures for cities and counties pursuant of the Public Streets, Highways and
Service Easements Vacation.
Chapter 7.04
USE OF APPURTENANT EASEMENTS FOR
DISTRICT SANITARY SEWER FACILITIES
Sections:
7.04.010 General policy.
7.04.020 District rights to facilities in appurtenant easements.
7.04.030 Optional recordation.
7.04.010 General Policy and Findings.
A. The Board hereby finds that historic development patterns and increased urbanization
of areas within the District's jurisdiction have created increased demand for public sewage collection,
treatment and disposal services. The Board further finds that some areas within the District's
jurisdiction may best be served by the construction and installation of public sewers and sewage
facilities in appurtenant easements that provide for or make reservations for access, sewer facilities or
other utilities to benefit certain properties.
B. Accordingly, the Board hereby declares that the District may construct, reconstruct,
renew, alter, operate, maintain, inspect, repair and replace District sanitary sewer facilities in any
appurtenant easements that provide for or make reservations for sanitary sewers, utilities or other
types of similar utility infrastructure. Such rights to construct, reconstruct, renew, alter, operate,
maintain, inspect, repair and replace District sanitary sewer facilities in appurtenant easements may
arise from grants, common law dedication, dedications under the Subdivision Map Act, contract, deed,
assignment, gift, purchase and other procedures authorized by state law.
7.04.020 District Rights to District Facilities in Appurtenant Easements.
Any construction, reconstruction, renewal, alteration, operation, maintenance, repair and
replacement of District sanitary sewer facilities within appurtenant easements may be performed for the
benefit of and pursuant to the rights held by one or more dominant tenement owner(s) of the
appurtenant easement. A request for service by even a single dominant tenement owner, may justify
use of the appurtenant easement, with or without consent of other dominant or servient tenement
owners. Once sewers or other sewer facilities are constructed within an appurtenant easement and
accepted by the District, the District's rights to enter the appurtenant easement for purposes of
construction, reconstruction, renewal, alteration, operation, maintenance, repair and replacement shall
be binding upon the dominant and servient tenement owner(s)' assigns, successors and devisees,
absent an abandonment of the District facilities within the easement by the Board and a formal
relinquishment of the District's rights thereto.
7.04.030 Optional Recordation.
In order to facilitate the provision of notice to future successors or assigns, the District may
request that the dominant tenement owner(s) provide the District with a recordable document reflecting
the dominant tenement owner(s)' assignment of rights to construct, reconstruct, renew, alter, operate,
maintain, inspect, repair and replace District sanitary sewer facilities within the appurtenant easement
through a license or other recordable document.
Chapter 7.08
LEASE OF DISTRICT REAL PROPERTY
Sections:
7.08.010 Purpose.
7.08.020 Term.
7.08.030 Notice and Public Hearing Requirement.
7.08.040 Required Findings and Competitive Award for Leases of 10 Years or More.
7.08.050 Required Findings and Authorization of Leases of Less Than 10 Years.
7.08.010 Purpose.
A. The District may lease District property, so long as it is not needed for District
purposes. Such leases may be used to provide revenues to the District for the operation and
maintenance of sanitary sewer systems, waste water treatment and disposal facilities, recycled water
distribution and hazardous waste collection facilities, and to finance the acquisition, construction, and
improvement of such facilities. All leases shall comply with the requirements of this Chapter and those
set forth in Health & Safety Code Section 6514.1.
7.08.020 Term.
No lease of District Property-shall exceed 99 years in length. Leases shall be subject to
periodic review by the District.
7.08.030 Notice and public hearinq requirement.
Prior to entering into any lease, the District shall publish notice of the time and place of the
Board meeting, in compliance with the Government Code Section 6066, at which the lease proposal
shall be considered. All persons present shall be given an opportunity to be heard and to comment on
the lease proposal.
7.08.040 Required findings and competitive award for leases of 10 years or more.
A. For leases of more than ten years in length, the Board shall authorize the lease by
ordinance. The Board shall set forth findings demonstrating that the District will not need the subject
property and that the proposed lease is in the best interests of the District and its ratepayers. All
authorizing ordinances shall be kept on file in codified or uncodified form in the office of the Secretary
of the District.
B. In addition, all leases of more than 10 years in length shall be awarded by competitive
award to the bidder, which, in the determination of the Board, offers the greatest economic return to the
District. The bidding shall be conducted in the manner determined by the Board. At the District's
discretion, notices inviting bids may be published pursuant to Government Code Section 6066 in one or
more newspapers of general circulation within the District.
7.08.050 Reauired findinas and authorization of leases of less than 10 years.
If the Board makes a finding at a noticed public hearing that the proposed leasehold use of a
particular parcel of District property will be compatible with District uses, that entering into the proposed
lease will be of public benefit, and that the term of the proposed lease is equal to or less than 10 years,
the ordinance and competitive bidding procedures of Section 7.08.040 shall be optional.
Chapter 7. 10
SALE OF SURPLUS REAL PROPERTY
Sections:
7.10.010 Scope.
7.10.020 Determination of Surplus Land.
7.10.030 Manner of Disposal.
7.10.040 District Personnel Prohibited.
7.10.050 Sale Proceeds.
7.10.010 Scope.
The procedures set forth in this Chapter 7.10 shall be applicable to the disposal of real
property owned by the District and determined to be surplus and no longer necessary for public
purposes. The procedures set forth with regard to termination, resection or abandonment of offers of
dedication pursuant to Section 66477.2 of the Government Code and Section 8300 of the Streets and
Highway Code typically do not apply to disposal of District property.
7.10.020 Determination of surplus land.
A. The General Manager shall determine whether a particular parcel of District real
Property constitutes "surplus land" for purposes of Section 54221 of the Government Code. If the
General Manager finds that such real property is not required for any other public use, he or she shall
so report to the Board and the Board may declare the property surplus and direct District staff to
dispose of it.
B. Prior to disposal of surplus real property by public sale, the General Manager shall
provide written notice to public agencies in the manner prescribed by Section 54220 et seg. of the
Government Code.
7.10.030 Manner of disposal.
The General Manager shall dispose of the property pursuant to competitive bid, direct
negotiation or in some other manner that offers the greatest economic return to the District and such
disposal shall be subject to Board approval before final agreement of the sale.
7.10.040 District personnel prohibited.
No District official, officer or employee shall bid or be financially interested in any bid for
surplus real property sold in accordance with the procedures set forth in this Chapter.
7.10.050 Sale proceeds.
The amount received for any property sold pursuant to this Chapter shall be credited to the
appropriate fund as determined by the General Manager.
Chapter 7.15
EASEMENTS AND EASEMENT ENCROACHMENTS
Sections:
7.15.010 Definitions.
7.15.020 District Policies Concerning Future Acquisition of Easements and Property Rights
7.15.030 Creation of District Easements.
7.15.040 Minimum Standards for Easements.
7.15.050 Unlawful Acts.
7.15.060 Authorized and Unauthorized Encroachments.
7.15.070 Real Property Agreements.
7.15.080 Real Property Agreement Terms and Conditions.
7.15.090 Other Regulations.
7.15.100 Grandfathering.
7.15.110 Removal and Restoration of Improvements that are Disturbed by District
Activities.
7.15.120 District Remedies.
7.15.010 Definitions.
For the purposes of this Chapter 7.15, the following terms have the meanings specified
below.
A. "Easement" means a property right, however created by which the owner of the
right is entitled to make specified uses of the real property of another person; the term
"easement" includes "reserve," "sewer reserve," or "utility reserve ".
B. "Encroachment" means an activity or condition that results in significant
interference with the District's enjoyment of its easement rights. As used in this Chapter, there are
two classes of encroachments:
1. Class One encroachments. These are encroachments that may result in
significant interference with District's use of easements unless adequate safeguards and /or mitigation
measures are taken. Examples of Class One encroachments ordinarily include: fences gates
driveways, paved parking areas, modest landscaping, and minor cuts and fills.
2. Class Two encroachments. These are encroachments that are likely to result
in significant interference with District's use of easement for the present or future and where
simple safeguards and /or mitigation measures will not remove or adequately ameliorate the
interference with construction, reconstruction, renewal alteration operation maintenance repair
and replacement of or access to District sanitary sewer facilities within the easement Examples
of Class Two encroachments ordinarily include: permanent structures such as buildings (including
garages or outbuildings), swimming pools, permanent decks reinforced concrete surfaces
substantial landscaping structures, and retaining walls. Class Two encroachments also include
temporary structures that are not readily removable from the easement are likely to cause root
intrusion, or are prone to interfere with operation of District facilities such as: trees large bushes
overgrown vegetation, large accumulations of stored materials and other activities and conditions which
may prevent reasonable access for construction reconstruction renewal alteration operation
maintenance, repair and replacement of District sanitary sewer facilities within the easement
C. "Property owner" means the fee owner or long term leaseholder of the servient
tenement to the District's easement.
D. "Significant interference" means, with respect to encroachments on District
easements, an activity or condition that has the potential to damage or to inhibit access to District
facilities, that may or will result in excessive cost to the District to use the easement for its intended
purposes, or that may or will result in blockage or damage to District facilities.
7.15.020District policies concerning future acquisition of easements and property rights.
The following District policies apply to easements acquired by the District after <insert the
date of this Ordinance >:
A. Wherever feasible, District facilities will be located in and on lands owned by the
District, in public lands to which the District has largely unrestricted access or in public streets, roads,
highways, or other public rights -of -way in which, by law, the District is entitled to construct, install,
operate, and maintain its facilities.
B. District facilities may be installed in easements over private property when
installation in a location described in Section 7.15.020.A. is not possible, would be impracticable,
technically less suitable, difficult to maintain or would be unduly burdensome on District.
C. The District's easement rights shall be sufficient to enable the District to construct,
reconstruct, renew, alter, operate, maintain, inspect, repair and replace its facilities as may be needed
without excessive cost or other undue difficulty.
7.15.030Creation of District easements.
A. District easements may be created in any manner allowed by law.
B. Notwithstanding Subsection A above, property rights to be conveyed to the
District should ordinarily be created by express grant, reservation, or irrevocable dedication set forth in
a written instrument suitable for recordation in official records of the County of Contra Costa. The form
and content of the instrument shall be acceptable to the District, but shall not be effective until the
instrument has been duly delivered to, approved by, and accepted by the District as provided in
Chapter 7.02 of this Code.
C. Prior to <insert the date of this Ordinance> easement interests were acquired and
accepted as acknowledged, asserted and declared in Chapter 7.01 of this Code.
7.15.040Minimum standards for easements.
A. Unless expressly waived by the District for good cause, an easement conveyed to the
District after <insert the date of this Ordinance >, and all easements existing as of said date, to the
extent this language is not in conflict with written terms in the existing easement documents, shall be
subject to the following minimum standards:
1. For the purpose of exercising its principal easement rights, the District
shall also be afforded the right of ingress and egress to, from, along, on, in, above, and below the
surface of the land encompassed by the easement over the remaining property of the servient
tenement.
2. The easement shall be subject to the provisions of this Code and to other
rules and regulations promulgated by the District.
B. Easements may either be for the exclusive or nonexclusive benefit of the District. If
the easement is nonexclusive, other users of the territory encompassed by the easement shall be
prohibited from unlawfully interfering with the District's easement rights.
C. In the case of easements for pipelines where there is no width set forth in
documentation, the easement shall be considered to be a minimum of ten feet in width centered on the
pipeline. A reasonable right of surface access for maintenance and repair shall also be presumed.
7.15.050 Unlawful acts.
It is unlawful for any person to:
A. Cause or permit an unauthorized encroachment on a District easement where such
person has actual, legal or constructive notice of the easement or the District sanitary sewer facilities
therein;
B. Fail to abate or otherwise remove or discontinue any action or condition that
results in an unauthorized encroachment after receiving written notice of the existence of the
easement;
C. Abandon any items of property, including motor vehicles, on or within a District
easement;
D. Deposit any debris, garbage, trash, toxic substance, liquid or solid waste or other form of
refuse on or within a District easement:
E. Cause, permit, or maintain any activity or condition off or outside a District easement that
causes, whether directly or indirectly, a significant interference with the District's easement rights: or
F. Cause or permit any activity or condition on or within a District easement that
constitutes a public or private nuisance.
7.15.060 Authorized and unauthorized encroachments.
A. A property owner may make use of the land over which the District has an
easement, if those uses do not result in significant interference with the easement. For example lawns
flowerbeds, loose paving stones, and similar landscaping features would not ordinarily cause significant
interference with a District easement used for subsurface sanitary sewer facilities.
B. Except as provided in Section 7.15.070, Class One and Class Two encroachments are not
authorized and shall not be maintained or permitted on Distract easements.
C. The owner of the property over which the District has an easement and anv other person
who has caused or permitted an unauthorized encroachment to exist is obligated to promptly
remove and eliminate the encroachment.
7.15.070 Real Property Agreements.
A. The owner of a property over which the District has an easement who wishes to
maintain a Class One encroachment or to obtain relief for a Class Two encroachment shall apply for and
obtain a Real Property Agreement.
B. The District shall establish, and the applicant shall comply with such procedures as are
required to process and act on the application, including submission of information needed to
evaluate the application.
C. A Real Property Agreement may be issued if:
1. The applicant has fully complied with all District requirements and
procedures pertaining to issuance of the Real Property Agreement;
2. The applicant has accepted and agreed to all terms and conditions as set forth
in Section 7.15.080:
3. The District finds that the Real Property Agreement conditions will ensure that
the Class One encroachments as authorized will not result in significant interference with the
District's easement; and
4. The District finds that the Real Property Agreement for a Class Two
Encroachment will, to the greatest extent reasonably possible, preserve the District's easement
rights while at the same time, in the interest of fairness and substantial iustice make appropriate
allowances for justifiable concerns of a property owner.
7.15.080 Real property agreements terms and conditions.
The applicant shall execute and deliver to the District a Real Property Agreement in a form
acceptable to the District and suitable for recording with the Contra Costa County Recorder that
includes, at minimum, the following conditions:
A A provision that the Real Property Agreement shall be binding upon heirs,
successors and assigns with regard to ownership interest in the real property burdened by the
District's easement;
C. An acknowledgement of the prohibitions and limitations set forth in this
Chapter;
D With respect to Class One encroachments the restrictions in use or
modifications to the property required to mitigate the effects of the encroachment and
safeguard the District's easement rights to prevent the encroachment from causing significant
interference with the District's use of the easement; and
E. With respect to Class Two encroachments, the conditions that, to the extent
reasonably possible under the circumstances, will:
1. Eliminate the encroachment in due course; and
2. Ameliorate the impacts of the encroachment on the District's easement
through mitigation measures and safeguards and shift to the property owner any increased costs that
may be incurred by the District due to the existence of the encroachment.
7.15.090 Other regulations.
The Board may promulgate and amend rules, requlations, and procedures to implement the
provisions of this Chapter, including the following:
A. Establish rules regulations, and procedures concerning applications for and
issuance of Real Property Agreements:
B. Set fees and charges for District services related to easements;
C. List and categorize activities and conditions that constitute encroachments; and
D. Establish standard Real Property Agreement conditions applicable to specific activities and
conditions including mitigation measures, safeguards, and similar provisions.
7.15.100 Grandfathering.
An encroachment that was in existence prior to <insert the effective date of this Chapte►�
may be maintained and shall not be subject to immediate mandatory removal or abatement if the
encroachment is grandfathered pursuant to this Section. At the District's sole discretion, an encroachment
may be arandfathered if the applicant applies for and obtains a Real Property Agreement pursuant
to the terms of this Chapter.
7.15.110 Removal and restoration of improvements that are disturbed by District activities.
Whenever the District's reasonable use of the easement to construct, reconstruct, renew, alter,
operate, maintain inspect repair and replace sanitary sewer facilities results in the need for the
property owner's improvements to the real property to be removed or disturbed the following provisions
shall apply:
A. Conditions Not Constituting Encroachments. The District shall, at the expense of
the District upon completion of the District's activities replace or restore the improvements in kind which
are not prohibited by this Chapter, or where such responsibility is specified in a Real Property Agreement.
B. Authorized Encroachments. If the encroachment is authorized pursuant to a Real
Property Agreement and the Real Property Agreement does not provide otherwise the property owner
shall, at no expense to the District, be responsible to restore the encroaching improvements,
landscaping, or structures.
C. Unauthorized Encroachments. Unauthorized encroachments shall be
removed by the property owner at their expense and shall not be restored by the District. Removal
shall be performed promptly after notice from the District. If the encroachment has not been
removed within a reasonable time after notice, or if the urgency of the District's easement activities
requires, the District may remove the encroachment itself, and the removal costs may be
charged to the property owner.
7.15.120 District remedies.
Remedies granted to the District in this Chapter are in addition to any other rights and
remedies that are available under this Code or that are otherwise afforded by law, and the
District is entitled to exercise any and all such rights and to charge property owners for the
costs of such remedies, either serially or cumulatively, as determined by the District.
Chapter 7.20
RIGHT TO ACCESS DISTRICT FACILITIES
Sections:
7.20.010 District Right to Access District Facilities on Private or Public Property.
7.20.020 Interference with District's Access.
7.20.030 Right of Entry Permits.
7.20.010 District Right to Access District Facilities on Private or Public Property.
Where the District has facilities within easements, reservations or rights of way, including those
real property interests acknowledged, asserted and declared in Chapter 7.01, the District shall have the
right to enter private property in order to construct, reconstruct, renew, alter, operate, maintain, inspect,
repair and replace District facilities and as set forth in Section 1.08.020 of this Code. The District may
also remove landscaping and other encroachments within the easement, reservation or right of way
that significantly impede access to District facilities or unreasonably interferes with the construction,
reconstruction, renewal, alteration, operation, maintenance, repair or replacement by District of its
facilities within the easement, reservation or right of way.
7.20.020 Interference with District's Access.
The District shall not be responsible for the costs of removal of obstructions preventing
reasonable access to its facilities within easements, reservations or right of ways on private property,
nor shall such removal, pruning or required modifications of landscaping or hardscaping provide a
basis for compensation to the property owner.
7.20.030 Right of Entry Permits.
The District may issue "Right of Entry" permits to its contractors and consultants, or to the
contractors or consultants of others who apply to construct, reconstruct, renew, alter, maintain, inspect,
repair and /or replace lateral sewers or other sanitary sewer appurtenances within District easements,
reservations or rights of way. Right of Entry Permits shall operate as a temporary assignment of the
District's right to use and enioy its real property interests for legitimate sanitary sewer facility purposes.
1082331.1
Title
SEWERS
Chapters:
9.02 General Provisions
9.04 Private Sewage Disposal
9.08 Deign and Genstrateti-e-n --� Public Sewers
9.10 Side Sewers and Connections
9.15 Overflow protection devices
9.20 Abandening ef Sewers District Abandonment
Permit Requirement for Building_, Grading or
Demolition Projects
9.24 A eeeptanee —e f i n tei2 sty in D e
r -- -1 9.30 Relinquishment of District
X
Ownership And Maintenance Responsibilities
for Sewers to Property Owners
9.40 Abandonment of District Sewer Facilities
And Substitution of Alternate Facilities
1
Chapter 9.02
GENERAL PROVISIONS
9.02.010 Purpose.
This Chapter establishes rules and regulations for
the use and construction of public and private sanitary
sewer facilities installed, altered or repaired within the
District.
9.02.030 Permit as Aareement.
The applicant's signature on an application for any
permit required by this Chapter shall constitute an
agreement binding on the applicant and his or her heirs,
successors and assigns, to comply with all the provisions,
terms, and requirements of this Code, the permit and any
plans and specifications filed with the application,
together with such corrections or modifications as may be
made or permitted by the District, if any. Such agreement
shall be binding upon the applicant and may be altered
only by the written approval of the District upon request
for the alteration by the applicant.
Chapter 9.04
PRIVATE SEWAGE DISPOSAL
Sections:
private sewage dispesa1_ syst ffts _
l
9.04.-&4-&9.04.010 Design, construction and
maintenance of private sewage disposal
systems.
9.04.020 Cost of private sewage disposal.
9.04.010 Design, construction and maintenance of private
sewage disposal systems.
The design, construction and maintenance of private
sewage disposal systems, septic tank systems, eL -awry
the Distri t is geveLaned by and other methods of sewage
disposal, are governed by Contra Costa County and the
state of California. No person shall construct, install,
connect to or provide, maintain or use any means of sewage
disposal for any facility or property in the District
other than the District's public sewer system, except as
2
permitted under the statutes, ordinances, rules and
regulations of the county and the state. When a property
previously served by a private sewage disposal system
connects to the District system, the property owner shall
comply with all applicable county and state statutes,
ordinances, rules and regulations regarding the proper
abandonment of private sewage disposal systems. (Ord. 198
§ 3(Exh. C(part)), 1996: prior code § 6 -101)
9.04.020 Cost of Private Sewage Disposal.
The District shall not be financially responsible for
any construction, operation, maintenance, repair,
abandonment or other costs whatsoever of private sewage
disposal systems, septic tank systems or any other private
methods of sewage disposal.
Chapter 9.08
DES -IS'' AND GGNST-RGrlGN G-FF—PUBLIC SEWERS*
Sections:
9.08.010 Planning, design and construction.
9.08.020 Sewage facilities to be built for ultimate
service.
eve lew p reventredvree.
9.98.9 41 Finding icegaiad i n g eife epti ears - e
requireffte.nt baekwa4tei- ever-fl:
preventien ,.,,
9.08.050 'Fapp±ng-- inte- Bistri-et sewe-r--.
9.08.030 Acceptance of sewage facilities.
* Prior history: Prior code §§ 7 -101, 7 -102, 7 -103, 7 -201, 7 -204, 7 -305 and 7 -306; Ords.
41 and 105.
9.08.010 Planning, design and construction.
Publi-eSewers that are intended for dedication to the
District as public sewers shall be planned, designed,
constructed, installed and repaired in accordance with
this title and the plan_ and speeifieatiens e e
Distriet and the — enders ef the Genet -Manager. Code and
the District's Standard Specifications for Design and
Construction (referred in this Code as "Standard
Specifications "). The Standard Specifications shall be
established and may be amended from time to time by
Ordinance and kept on file with the District Secretary in
3
an uncodified manner. The use of any sewer facility
connected to the District system that fails to comply with
the Standard Specifications applicable at the time of its
connection to the District sewer facilities constitutes a
danger to human health and safety, public and private
property and the environment, and shall be considered a
public nuisance. (Ord. 223 § 2(part), 2002; Ord. 198 §
3 (Exh. C (part)) , 1996)
9.08.020 Sewage facilities to be built for ultimate
service.
EteAll sewage facilities to be connected to the
District system shall be designed and constructed in a
manner consistent with service to the ultimate tributary
service area. The District shall review plans submitted
for construction of new or modified sewer facilities to
evaluate the service requirements for the ultimate
tributary service area. The District will determine
whether and to what extent the design and sizing of the
proposed facilities may need to be modified, including
upsizina, to accommodate the flow from the ultimate
tributary service area. If compliance with this
requirement results in upsizing of sewage facilities, a
reimbursement account shall be established pursuant to
Government Code Section 66003 and Chapter 6.20 of this
Code. (Ord. 198 § 3(Exh. C(part)), 1996)
9.08.030 Acceptance of sewaae facilities.
A. Where, prior to <insert the adoption date of
this ordinance >, the District has constructed, or obtained
by contribution, and maintained the public sewers and
other sewage facilities that are shown on the District's
"Collection System Maps" as of the date of adoption of
this Title and kept on file by the Secretary of the
District in an uncodified manner (referred to as "System
Maps" in this Code), whether in a public or private right -
of -way, street, road, path, easement, reservation or any
other location whatsoever, and where such sewers and
facilities were not explicitly accepted by the District in
the past, the District hereby declares that it has in fact
accepted all such sewers and facilities for public use
through its conduct. In the cases where District staff has
issued a "Notice of Acceptance of Sewer Facilities" or a
substantially similar document to an installer of sewers
and /or other sewage facilities intended for contribution
to the District, the date of the District's acceptance of
4
such sewers and facilities shall be deemed to be the date
of such notice or substantially similar document.
Notwithstanding the paragraph above, there are
specific sewer facilities which may be shown on the
Collection System Maps to which these general declarations
and acceptances do not apply. The specific sewer
facilities that the District does not acknowledge or
accept ownership of include the following:
1. Facilities labeled as "Abandoned Lines" on
the Collection System Maps.
2. Facilities labeled as "Tentative Sewer Lines"
on the Collection System Maps.
3. Facilities labeled as "Proposed Future
Lines" on the Collection System Maps.
4. Facilities labeled as "Private Lines" on the
Collection System Maps.
5. Facilities marked by text or labels on the
Collection System Maps as being owned by other public
agencies.
B. The Board hereby delegates to the General Manager
the responsibility and authority to accept, or rel'ect, any
sewers or other sewage facilities offered for contribution
to the District, after (i.e., the adoption date
of this ordinance). Such sewers and facilities shall be
deemed accepted by the District as of the date of the
"Notice of Acceptance of Sewer Facilities" issued to the
installer following favorable final inspection of the
sewers or other facilities by District staff.
Chapter 9.10
Side Sewers and Connections
9.10.010 Permit Required.
No person shall construct, repair or alter a side
sewer or make a connection to any public sewer without
first obtaining a written permit from the District
pursuant to the requirements included in Title 5 of this
Code and paying all applicable fees and charges. Only the
District itself or a properly licensed contractor
authorized by the District may install connections to, or
taps into, a District sewer or other sewage facility.
(Ord. 198 § 3(Exh. C(part)), 19961
9.10.020 Specifications and Requirements.
5
Construction, repair, alteration and maintenance of
side sewers shall be in accordance with the requirements
of this Code and the Standard Specifications.
9.10.030 Protection of Excavation and Trenchin
All excavations, trenching and construction for side
sewer installation, repair or alteration shall be
adequately and properly protected with barricades, shoring
and bracing, traffic control and /or lights so as to
provide for public safety. Public streets, sidewalks, and
other property in the public right -of -way disturbed in the
course of side sewer work shall be restored in the manner
required by the Standard Specifications, and the
permitting requirements of the city, county or other
entity with competent jurisdiction.
9.10.040 Ownership, Maintenance and Connection of Side
Sewers.
A side sewer is a private facility. The property
owner shall be responsible for constructing, repairing and
maintaining the entire side sewer between the building and
the public sewer (including both the lateral and building
sewers, and the tap, saddle or wye connection fitting at
the public main sewer). The District shall not be
financially responsible for any side sewer construction,
operation, maintenance, repair, abandonment or other costs
whatsoever, except where the District itself or its
contractor reconstructs or realigns the public sewer,
therebv necessitatina the reconnection of private side
sewers to the public sewer.
9.10.050 Standards for Construction and Testing of Side
Sewers.
Side sewers shall be constructed and maintained in
conformance with applicable standards and regulations set
forth in Standard Specifications, this Code and such other
statutes and regulations as may apply at the time of
construction or repair. The property owner shall obtain a
District permit for such side sewer construction or
repair, and the side sewer shall be subject to inspection
and testing to ensure that proper materials and methods
were used for the construction or repair and that the
resulting side sewer is leak -free. Side sewers that fail
the leakage test shall be repaired or replaced at property
owner's expense so as to pass the leakage test.
w
Chapter 9.15
Grp. !98 4 I (Imh. r (tart)) , 1996)
OVERFLOW PROTECTION DEVICES
9.15.010 Overflow protection devices.
A Findings. The District finds that overflow
protection devices are necessary to minimize the volume of
sewage overflows and flooding of public and private
premises, protect the health and safety of the District,
its residents and visitors and the environment, and to
minimize damage to District and private property. Proper
installation and maintenance of overflow protection
devices by property owners and long term leaseholders of
residential, industrial and commercial properties
constitute an integral part of the private and public
sewage collection system designed to convey sewage from
buildings throughout the District to the treatment plant.
Failure of property owners and long term leaseholders to
Properly install and maintain overflow protection devices
can prevent the proper functioning of the sewage
collection system as designed.
B. Mandatory Installation and Maintenance. All
property owners and longterm leaseholders shall install
and maintain a b« m�er--overflow pi-=even e- nprotection
device on any side sewer that is connected, or is intended
for connection to, the District sewer sys�efft. in this
eede, —:�he - ' s sewer
system This requirement applies to all such persons,
regardless of whether they acquired the serviced property
before or after the date of formal adoption of this
Chapter. In this Code, the term "overflow protection
device" includes both bates- overflow protection
7
devices and backwater check valves and shutoff systems,
and any other devices the District may approve from time
to time for such purposes. All baek• tee overflow
preventi protection devices shall eempetcomply with the
requirements of the
Standard Specifications and shall be maintained so as to
provide for their continuing function as designed.
�—l. New Side Sewer Installations -e-r-, Alterations,_
or Repairs to Existing Side Sewer Installations. No
person shall install, alter, or repair a side sewer that
is connected, or is intended for connection to the
District sewer system without installing a b -...,'_wa -er
overflow preventiengrotection device of the type and in
the manner prescribed in the Distriet standard
speelfieatiens and __n,Standard Specifications and the
permit requirements as r- u±Eed 6- yincluded in Title 5 of
this eedeCode, except as provided for in Section
9.98.941-r9.15.020._
B. Maintenance Requirements. All -,e k }eY
overflow protection devices shall pert with
the istr -iet stanaa,a s fieati____ and be maintained so
as to provide for their continuing function as designed.
All bae�Lwate-r- overflow protection devices shall
be accessible at all times and shall be free from any
obstructions,- including, but not limited to, rocks, soil,
vegetation, grass, trees, bushes, plants, landscaping,
concrete, asphalt or other ground coverings that may
impair the function of and accessibility to the overflow
protection devices.
-3. Elevation and Sizing Requirements. All
bue -fie- overflow protection devices shall be
installed at an elevation and of a size that protects the
property from damage. It is the property owner's or long
term leaseholder's responsibility to either confirm that
the baekwae-r—overflow protection device is at
the proper elevation and size, or to obtain competent
assistance from a licensed plumber or contractor to
confirm its proper elevation and size. If any subsequent
modification of the property results in the 1-ek },r
overflow pEeventlenprotection device being undersized or
at an improper elevation, the property owner or long term
leaseholder shall adjust or replace the baekwater—overflow
preventi protection device to the proper elevation and /or
size. S -1 d—i it be-de term i n d that r, r-e art d , a e ; e
D. C. Failure to Follow the Baek •a }eYOverflow
Protection Device Requirements. Any property owner or
long term leaseholder whose property has no
overflow protection device, or has a defective
or improperly installed ba ekwate -ror maintained overflow
protection device, shall be responsible for all damage
that results from the lack of such aan overflow protection
device, or the failure of t-ea defective or improperly
installed or maintained overflow protection device to
prevent such damage. Should it be determined that
property damage is sustained as the result of overflow
protection device located at an improper elevation, the
property owner or long term leaseholder shall be
responsible for any such damage. (Ord. 226 § 2, 2003: Ord.
198 § 3(Exh. C(part)), 1996)
9.15.020 Limited exceptions
to requirement for baek° , }eY overflow
prevenilenprotection devices.
The n; stTi i �s in ee:tien 9.08 . 030, that
prevent everflew anel Jeaek - leading 4�e pr-e}eet the h, ,: h
and safety - e f 94:sti e t E e s i d ems— anel - to -a ifftiz e--�e
A.
Findings Regarding Exception Requests. The District
finds that some property owners or long term leaseholders
may prefer to apply for an exception to the requirements
herein for installing _ b,ekii,}eN installation of a
overflow protection device, or that it may be
ifftp r-a et ieab 1 e —€eerie e t fesd:denees whe=e
bae k "}eN particularly onerous technically, financially or
aesthetically for some properties where overflow
pLaeventi protection devices were not installed when the
sidenee side sewer was first built. Addit- ienall The
District also finds, however, that failing to install a
baekwte-r—overflow p __vend -protection device may pose a
serious risk to the health, safety and property of the
District, its residents and businesses; hence, if a
property owner or long term leaseholder chooses not to
install a baek ,}eN overflow protection device
the property owner or long term leaseholder should bear
all liability arising from sewage overflow or baek-
flooding caused by the failure to install such aan
overflow protection device. The District and its
officers, agents and employees shall not be liable for any
injury or death to any person or damage to any property
caused by the failure of a property owner or long term
I
leaseholder to install a bae -t-e-r—overflow
protection device.
-
A. B. Permissible Exceptions to Requirement for
Baekwat- e-r—Overflow Preven .P „Protection Devices; Waiver
and Assumption of Liability. A property owner wilier sor
long term leaseholder otherwise required to insta 4
ba ekw,}eN have installed and maintained an overflow
protection device idnder Seeti -err- v$.- ivpursuant
to this Chapter, for a building which has been previously
connected to the District's sewer system without a
properly installed overflow protection device may apply
for an exception to the requirements herein :�e -nstRl-l-
sueb —afor installation and maintenance of such an overflow
protection device.
If a property owner or long term leaseholder applies
for auyan exception pursuant to this subseet! Subsection,
the exception w4rl-lmay be either granted or denied by the
District. If the exception is granted, an agreement for
an exception will be recorded with the Contra Costa County
Recorder's Office wherein the property owner or long term
leaseholder expressly assumes the risk of all damage
related to any sewage overflow or baek flooding of the
subject side sewe-i�property that e-eeuEs Bide —te- the —laek of
such man overflow protection device on the side sewer will
be eee r Bled w d: th -the Gent-ra Gesta G eun t y R eee r cr's G =fd:ee
as required bcic :may have prevented or mitigated had an
overflow protection device had been properly desi ned,
installed and maintained.
C. B. Procedure for Obtaining Exception. A
property owner apig! long term leaseholder who applies
for an exception shall obtain and fill out an application
f er-e x e e pt}en te- the —r equ i refftentsTeg a r ding installatien
af a ba ekwater everfl-e w pre v ent-i en elevi e e—o on a form
acceptable to the District. The application shall fully
describeelearl1 the technical, cost, pEaeti and /or
aesthetic reasons why installation of such a-an overflow
protection device is not possible-,er-L practical or
preferred. The District shall review the application and
grant or deny the application. If the exception is
granted, the property owner or long term leaseholder
requesting the exception shall execute a recordable
agreement for exception acknowledging the owner's
assumption of the risk and waiver of liability against the
District -€- for all overflows iFftpaetingon the property for
which the exception is requested. Once executed, the
waiver and assumption of risk shall be recorded with the
Contra Costa Recorder's Office so as to become part of the
10
pieper-ty' s —chin of life.-subject property's chain of
title. The exception may be terminated at any time and
installation of an overflow protection device required
when, in the discretion of District modifications to the
property or other circumstances render installation of
such an overflow protection device to be reasonablv
practical. (Ord. 226 § 3, 2003)
Chapter 9.20
DISTRICT REVIEW AND PERMIT REQUIREMENT FOR BUILDING,
GRADING OR DEMOLITION PROJECTS
Sections:
9. 20. gig Per-Fait requ4mred.
9.20.010 Review of Grading, Building and Demolition
Permits.
9.20.015 Side Sewer Abandonment Permits for
Demolition.
9.20.020 Establishment of -feefees.
9.20.030 Construction.
9.20.040 Responsible parties.
9.20.050 Responsible parties- Special circumstances.
9. 29 GIG n,, , i,
9.20.010 Review of Grading, Building and Demolition
Permits.
f,-- lityDistrict review of all applications for county or
city grading, building or demolition permits shall be
required prior to the project proponent's submittal of
such applications to the county or particular city In
order to safeguard public health and safety, the
environment and public and private Property, the District
may, in its discretion, require a District permit pursuant
to Title 5 of this Code for and approval of any such
construction - related activities which may impact the
11
■ - - -- - -
■
Chapter 9.20
DISTRICT REVIEW AND PERMIT REQUIREMENT FOR BUILDING,
GRADING OR DEMOLITION PROJECTS
Sections:
9. 20. gig Per-Fait requ4mred.
9.20.010 Review of Grading, Building and Demolition
Permits.
9.20.015 Side Sewer Abandonment Permits for
Demolition.
9.20.020 Establishment of -feefees.
9.20.030 Construction.
9.20.040 Responsible parties.
9.20.050 Responsible parties- Special circumstances.
9. 29 GIG n,, , i,
9.20.010 Review of Grading, Building and Demolition
Permits.
f,-- lityDistrict review of all applications for county or
city grading, building or demolition permits shall be
required prior to the project proponent's submittal of
such applications to the county or particular city In
order to safeguard public health and safety, the
environment and public and private Property, the District
may, in its discretion, require a District permit pursuant
to Title 5 of this Code for and approval of any such
construction - related activities which may impact the
11
District or its facilities, including requiring to rary
capping of the property side sewer during construction.
9.20.015 Side Sewer Abandonment Permits.
A side sewer abandonment permit pursuant to the
requirements of Title 5 of this Code shall be obtained
before any building which is connected to the District
e €– a side s{ lateral Sewer, e r heuse sewer.sewer
system is demolished. (Ord. 198 § 3(Exh. C(part)), 1996:
Ord. 166 (part), 1987)
9.20.020 Establishment of -f-eefees.
The District may from time to time set fees for
the issuance of permits, inspections, and /or the physical
work associated with abandonments. (Ord. 198 § 3(Exh.
C(part)), 1996: Ord. 166 (part), 1987)
9.20.030 Construction.
The abandoning of sewers shall be done in accordance
with the Bti-ete standafd — speelfieati ns and _the
Dlstfl�i-eeedtires as may be develepe4atandard
Specifications, this Code and other applicable statutes,
regulations and procedures established by the District,
Contra Costa Countv or the cities within the District
boundaries. (Ord. 198 § 3(Exh. C(part)), 1996: Ord. 166
(part), 1987)
9.20.040 Responsible parties.
The owner of the private side sewer at the time of
the abandonment is responsible for all costs as may be
associated with abandoning sewers in a manner •that
complies with Disticiet standard specifieati ___the Standard
Specifications and procedures. In the event a property is
being improved or redeveloped, the owner or person
proposing the improvements or redevelopment whiehthat
requires the abandonment work shall also be responsible
for obtaining permits, paying applicable fees and charges,
and selecting a contractor to perform the abandonment
work. Such work shall be done prior to connection of any
structures to the public sewer system or demolition of any
existing structures, whichever occurs first. In the event
that a sewage facility is abandoned without a permit, the
owner of the property at the time the abandonment is
discovered by the District will be responsible for payment
of the appropriate abandonment fees and charges and for
the work to abandon the sewage facility in accordance with
12
Section 9.20 -030, 9.20.030 (Construction). (Ord. 198 §
3(Exh. C(part)), 1996: Ord. 166 (part), 1987)
9.20.050 Responsible parties- Special circumstances.
When due to development taking place, whether it be
new development or redevelopment, a public sewer or public
sewage facility is to be abandoned, the developer, person,
agency or entity seeking approval of the development
requiring such abandonment shall be responsible for all
work, costs and fees associated with the abandonment
authorized by this L - --
�� -� Chapter and such fees shall be
due at the time of plan review.
If any development causes or requires the abandonment
of an existing side sewer, lateral sewer or house sewer
which services a property not owned by the person or
entity undertaking the development, the person or entity
undertaking the development shall be responsible for
obtaining permission of the owner and paying the costs and
fees authorized by this ehc Chapter associated with
that abandonment. (Ord. 198 § 3(Exh. C(part)), 1996: Ord.
166 (part), 1987)
Chapter 4-.--2-49.30
RELINQUISHMENT OF DISTRICT OWNERSHIP AND MAINTENANCE
RESPONSIBILITIES FOR SEWERS TO PROPERTY OWNERS
Sections:
9 T b e }
�T�- $- 1����e�veur� r�6 � rc =Tv��(�rrccrc- i- e-i=r-
. +• ef aeeeptanee-.
of -ease rent Aeeeptanee.
9.30.010 Findings.
9.30.020 Notice of determination and intent to
relinquish sewer facility.
9.30.030 Order of relinauishment by resolution.
9.30.040 Recordin
9.30.010 Findinas.
The Board of Directors finds that it may be in the
best interests of the District and its ratepayers to
relinquish ownership and maintenance responsibility for
certain sewer facilities that exist on a single property
or in the common area of a condominium property. This
Chapter establishes procedures for the District to
13
relinquish ownership and future maintenance
responsibilities to the owners of property on which such
sewers and other sewage facilities exist.
9.30.020 Notice of determination and intent to relinquish
sewer facility.
When the General Manager determines that a District
sewer facility should be relinquished, he or she shall
prepare a report to the Board (Position Paper), agendize a
hearing to consider the proposed relinquishment at a Board
meeting, and notify the affected property owners in
writing of the District's intent to consider relinquishing
the facility. The hearing notice shall state the time and
place of the hearing and be issued at least fifteen (15)
days prior to the hearing date.
9.30.030 Order of relinauishment by resolution.
After holding a properly noticed hearing, the Board
may order the relinquishment of a particular sewer
facility by a resolution which is adopted by at least a
two - thirds vote of members of the Board and which
references the affected Assessor's Parcel Number of the
affected property or properties.
9.30.040 Recording.
If the Board adopts a resolution of relinquishment of
sewer facilities staff shall record the resolution in the
official records of Contra Costa County.
Chapter 9.40
ABANDONMENT OF DISTRICT SEWER FACILITIES
AND SUBSTITUTION OF ALTERNATE FACILITIES
Sections:
9.4 0. 010 Findings.
9.40.020 No entitlement.
9.40.030 Notice of determination and intent to
abandon sewer facilities.
9.40.040 Hearing to consider resolution of
abandonment
9.40.050 Recording.
9.40.050 Assessment districts.
9.40.010 Findings.
14
The Board of Directors finds that it may be in the
best interests of the District and its ratepayers to
abandon particular District sewer facilities and, if
financially reasonable, to substitute alternate facilities
to provide continuing wastewater utility service for
properties connected to such a facility.
9.40.020 No entitlement.
No property owner shall be entitled to receiving
continued wastewater utility service via any particular
sewer facility simply by virtue of having received service
in the past from that facility. The District, in its sole
discretion, shall determine the means and methods of
providing wastewater utility service to properties
connected to the District sewer system after considering
the technical, financial and public interests and other
issues pertaining to the provision of a public service. It
may be necessary, from time to time, to abandon existing
facilities and to substitute alternate facilities in order
to continue service to particular properties or to better
serve the greater community.
15
MM-0,
- --
■
15
neeessar-y - €ei= the sewer lines e e t armed in the
G. An ifEeveea b 1-e-e f €ei -e f ded=mien -e f an
easefftent -er etiieE inter=ests in Leal - - eper-ty fei= sewer
p�i-rpes ..s, ineluding ate- 6ubdioisren Hap Aet dediea:t-ie
the Bear -d. N-e- ef€eief dedj:e-atien -te the - bpistri
i-nt -ei=ests in Leaprepe epted- unless ei= until
a e eep by rese-1 ut i en -ef the Beard.
r—ee r da t i enby-- the D i stfrcte fheirrev eeab l e e f f e r o f
Eied i ea t i en instLcuffient shall n t een s t i t u t e aeeeptanee o f
the i��eable -ef€er of deereatien -T and -shall eper-ate -as a
ryeet -ien of the - effei -ef ded- ieatien unless anel until
r-ene l u t i e n o f aeeeptanee is adep t ed-by the B e a r-d. Die
91striet staff faeffiber, efftpleyee -eL- - agent s- autherized te
a e e-ep t de d iea Lien- -e n behalf o f the -D-i s tTiet.
D. The Beard ffiay, by- r-eaelid:1.i-en, grant authere
D r s t-Iet staff t-e reee-i ve o f €e r se -ded iea t ien f e w
Eee-e Edirk- tyre -eiito
aut- her-atien, Dist cieistam- may =T ±:ve sueh = � e€€Ter-
_' =dlti rxviz�c —� �z��crT�— a��i6�?- --b-L- - -
ef the- ef€-er of ded- ie-atie„ dees net e-enstitate _--ci' ,- - --
e f the -e f f e r o f ded -iea t i e keep t ane-e- even -e f f e r e€
de d ie a t ie n e n l y wilreeetz4 ets the - terms -ana
eane�itiens - e�sub neet � G of t��� = ^ c} ren� (Or d. 19
9.40.030 Notice of determination and intent to abandon
sewer facilities and provide substitute
facilities.
When the General Manager determines that a District
sewer facility should be abandoned, he or she shall
prepare a report to the Board (Position Paper), agendize a
public hearing to consider the proposed relinquishment at
a Board meeting, publish and post public notices, and
notify the affected property owners in writing of: (1) the
District's intent to consider abandonment of the facility;
(2) any proposal to substitute alternate facilities for
continuing wastewater utility service to connected
properties; and (3) the time and place of the public
hearing.
16
aeeewed -byhe Distriet til-- aeeept d by f. ,
reselutien F the Beard. / C' 3 (FiEh C (part)
\
1996! n (alt) , 1990 )
9 40 040 Order of abandonment by resolution.
The Board may order abandonment of particular sewer
facilities, from time to time, by resolution upon a two -
thirds vote, after having conducted a properly noticed
public hearing, at which oral or written presentations
could be made, as part of a Board meeting. The provision
of substitute alternate facilities shall be dependent upon
whether such facilities can be provided at reasonable
cost, the availability of funding and /or the best
interests of the public.
9.40.050 Recordin
After the Board has adopted a resolution of
abandonment of sewer facilities, staff may record the
resolution in the official records of Contra Costa County
making reference to the affected Assessor's Parcel Number.
9.40.060 Assessment Districts or Other Financial
Vehicles.
The District may consider any assessment district
proceedings or other financing methods allowed by state
statute to finance substitution of alternate facilities
that may be required to continue wastewater utility
service to connected properties when sewer facilities are
abandoned.
787138.14
17
Document comparison done by DeltaView on Thursday, April 10, 2008 5:51:26
PM
Title 9
SEWERS
Chapters:
9.02 General Provisions
9.04 Private Sewage Disposal
9.08 Public Sewers
9.10 Side Sewers and Connections
9.15 Overflow protection devices
9.20 District Abandonment Permit Requirement for
Building, Grading or Demolition Projects
9.30 Relinquishment of District Ownership And
Maintenance Responsibilities for Sewers to
Property Owners
9.40 Abandonment of District Sewer Facilities
And Substitution of Alternate Facilities
1
Chapter 9.02
GENERAL PROVISIONS
9.02.010 Purpose.
This Chapter establishes rules and regulations for
the use and construction of public and private sanitary
sewer facilities installed, altered or repaired within the
District.
9.02.030 Permit as Agreement.
The applicant's signature on an application for any
permit required by this Chapter shall constitute an
agreement binding on the applicant and his or her heirs,
successors and assigns, to comply with all the provisions,
terms, and requirements of this Code, the permit and any
plans and specifications filed with the application,
together with such corrections or modifications as may be
made or permitted by the District, if any. Such agreement
shall be binding upon the applicant and may be altered
only by the written approval of the District upon request
for the alteration by the applicant.
Chapter 9.04
PRIVATE SEWAGE DISPOSAL
Sections:
9.04.010 Design, construction and maintenance of
private sewage disposal systems.
9.04.020 Cost of private sewage disposal.
9.04.010 Design, construction and maintenance of private
sewage disposal systems.
The design, construction and maintenance of private
sewage disposal systems, septic tank systems, and other
methods of sewage disposal, are governed by Contra Costa
County and the state of California. No person shall con-
struct, install, connect to or provide, maintain or use
any means of sewage disposal for any facility or property
in the District other than the District's public sewer
system, except as permitted under the statutes, ordi-
nances, rules and regulations of the county and the state.
When a property previously served by a private sewage dis-
posal system connects to the District system, the property
owner shall comply with all applicable county and state
F
statutes, ordinances, rules and regulations regarding the
proper abandonment of private sewage disposal systems.
(Ord. 198 § 3(Exh. C(part)), 1996: prior code § 6 -101)
9.04.020 Cost of Private Sewage Disposal.
The District shall not be financially responsible for
any construction, operation, maintenance, repair, abandon-
ment or other costs whatsoever of private sewage disposal
systems, septic tank systems or any other private methods
of sewage disposal.
Chapter 9.08
PUBLIC SEWERS*
Sections:
9.08.010 Planning, design and construction.
9.08.020 Sewage facilities to be built for ultimate
service.
9.08.030 Acceptance of sewage facilities.
* Prior history: Prior code H 7 -101, 7 -102, 7 -103, 7 -201, 7 -204, 7 -305 and 7 -306; Ords.
41 and 105.
9.08.010 Planning, design and construction.
Sewers that are intended for dedication to the District
as public sewers shall be planned, designed, constructed, in-
stalled and repaired in accordance with this Code and the
District's Standard Specifications for Design and Construc-
tion (referred in this Code as "Standard Specifications ").
The Standard Specifications shall be established and may be
amended from time to time by Ordinance and kept on file with
the District Secretary in an uncodified manner. The use of
any sewer facility connected to the District system that
fails to comply with the Standard Specifications applicable
at the time of its connection to the District sewer facili-
ties constitutes a danger to human health and safety, public
and private property and the environment, and shall be con-
sidered a public nuisance. (Ord. 223 § 2(part), 2002; Ord.
198 § 3(Exh. C(part)), 1996)
9.08.020 Sewage facilities to be built for ultimate
service.
All sewage facilities to be connected to the District
system shall be designed and constructed in a manner consis-
tent with service to the ultimate tributary service area. The
District shall review plans submitted for construction of new
or modified sewer facilities to evaluate the service require-
3
ments for the ultimate tributary service area. The District
will determine whether and to what extent the design and siz-
ing of the proposed facilities may need to be modified, in-
cluding upsizing, to accommodate the flow from the ultimate
tributary service area. If compliance with this requirement
results in upsizing of sewage facilities, a reimbursement ac-
count shall be established pursuant to Government Code Sec-
tion 66003 and Chapter 6.20 of this Code. (Ord. 198 § 3(Exh.
C(part)), 1996)
9.08.030 Acceptance of sewage facilities.
A. Where, prior to <Insert the adoption date of
this ordinance >, the District has constructed, or obtained
by contribution, and maintained the public sewers and
other sewage facilities that are shown on the District's
"Collection System Maps" as of the date of adoption of
this Title and kept on file by the Secretary of the Dis-
trict in an uncodified manner (referred to as "System
Maps in this Code), whether in a public or private right -
of -way, street, road, path, easement, reservation or any
other location whatsoever, and where such sewers and fa-
cilities were not explicitly accepted by the District in
the past, the District hereby declares that it has in fact
accepted all such sewers and facilities for public use
through its conduct. In the cases where District staff has
issued a "Notice of Acceptance of Sewer Facilities" or a
substantially similar document to an installer of sewers
and /or other sewage facilities intended for contribution
to the District, the date of the District's acceptance of
such sewers and facilities shall be deemed to be the date
of such notice or substantially similar document.
Notwithstanding the paragraph above, there are spe-
cific sewer facilities which may be shown on the Collec-
tion System Maps to which these general declarations and
acceptances do not apply. The specific sewer facilities
that the District does not acknowledge or accept ownership
of include the following:
1. Facilities labeled as "Abandoned Lines" on
the Collection System Maps.
2. Facilities labeled as "Tentative Sewer Lines"
on the Collection System Maps.
3. Facilities labeled as "Proposed Future
Lines" on the Collection System Maps.
4. Facilities labeled as "Private Lines" on the
Collection System Maps.
rd
5. Facilities marked by text or labels on the
Collection System Maps as being owned by other public
agencies.
B. The Board hereby delegates to the General Manager
the responsibility and authority to accept, or reject, any
sewers or other sewage facilities offered for contribution
to the District, after (i.e., the adoption date
of this ordinance). Such sewers and facilities shall be
deemed accepted by the District as of the date of the "No-
tice of Acceptance of Sewer Facilities" issued to the in-
staller following favorable final inspection of the sewers
or other facilities by District staff.
Chapter 9.10
Side Sewers and Connections
9.10.010 Permit Required.
No person shall construct, repair or alter a side
sewer or make a connection to any public sewer without
first obtaining a written permit from the District pursu-
ant to the requirements included in Title 5 of this Code
and paying all applicable fees and charges. Only the Dis-
trict itself or a properly licensed contractor authorized by
the District may install connections to, or taps into, a Dis-
trict sewer or other sewage facility. (Ord. 198 § 3(Exh.
C(part)), 1996)
9.10.020 Specifications and Requirements.
Construction, repair, alteration and maintenance of
side sewers shall be in accordance with the requirements
of this Code and the Standard Specifications.
9.10.030 Protection of Excavation and Trenching.
All excavations, trenching and construction for side
sewer installation, repair or alteration shall be ade-
quately and properly protected with barricades, shoring
and bracing, traffic control and /or lights so as to pro-
vide for public safety. Public streets, sidewalks, and
other property in the public right -of -way disturbed in the
course of side sewer work shall be restored in the manner
required by the Standard Specifications, and the permit-
ting requirements of the city, county or other entity with
competent jurisdiction.
5
9.10.040 Ownership, Maintenance and Connection of Side
Sewers.
A side sewer is a private facility. The property
owner shall be responsible for constructing, repairing and
maintaining the entire side sewer between the building and
the public sewer (including both the lateral and building
sewers, and the tap, saddle or wye connection fitting at
the public main sewer). The District shall not be finan-
cially responsible for any side sewer construction, opera-
tion, maintenance, repair, abandonment or other costs
whatsoever, except where the District itself or its con-
tractor reconstructs or realigns the public sewer, thereby
necessitating the reconnection of private side sewers to
the public sewer.
9.10.050 Standards for Construction and Testing of Side
Sewers.
Side sewers shall be constructed and maintained in
conformance with applicable standards and regulations set
forth in Standard Specifications, this Code and such other
statutes and regulations as may apply at the time of con-
struction or repair. The property owner shall obtain a
District permit for such side sewer construction or re-
pair, and the side sewer shall be subject to inspection
and testing to ensure that proper materials and methods
were used for the construction or repair and that the re-
sulting side sewer is leak -free. Side sewers that fail
the leakage test shall be repaired or replaced at property
owner's expense so as to pass the leakage test.
Chapter 9.15
OVERFLOW PROTECTION DEVICES
9.15.010 Overflow protection devices.
A. Findings. The District finds that overflow protec-
tion devices are necessary to minimize the volume of sewage
overflows and flooding of public and private premises, pro-
tect the health and safety of the District, its residents and
visitors and the environment, and to minimize damage to Dis-
trict and private property. Proper installation and mainte-
nance of overflow protection devices by property owners and
long term leaseholders of residential, industrial and commer-
cial properties constitute an integral part of the private
and public sewage collection system designed to convey sewage
from buildings throughout the District to the treatment
plant. Failure of property owners and long term leaseholders
0
to properly install and maintain overflow protection devices
can prevent the proper functioning of the sewage collection
system as designed.
B. Mandatory Installation and Maintenance. All prop-
erty owners and long term leaseholders shall install and
maintain a overflow protection device on any side sewer that
is connected, or is intended for connection to, the Dis-
trict's sewer system. This requirement applies to all such
persons, regardless of whether they acquired the serviced
property before or after the date of formal adoption of this
Chapter. In this Code, the term "overflow protection device"
includes both overflow protection devices and backwater check
valves and shutoff systems, and any other devices the Dis-
trict may approve from time to time for such purposes. All
overflow protection devices shall comply with the require-
ments of the Standard Specifications and shall be maintained
so as to provide for their continuing function as designed.
1. New Side Sewer Installations, Alterations, or Re-
pairs to Existing Side Sewer Installations. No person shall
install, alter, or repair a side sewer that is connected, or
is intended for connection to the District sewer system with-
out installing a overflow protection device of the type and
in the manner prescribed in the Standard Specifications and
the permit requirements included in Title 5 of this Code, ex-
cept as provided for in Section 9.15.020.
2. Maintenance Requirements. All overflow protection
devices shall be maintained so as to provide for their con-
tinuing function as designed. All overflow protection de-
vices shall be accessible at all times and shall be free from
any obstructions including, but not limited to, rocks, soil,
vegetation, grass, trees, bushes, plants, landscaping, con-
crete, asphalt or other ground coverings that may impair the
function of and accessibility to the overflow protection de-
vices.
3. Elevation and Sizing Requirements. All overflow
protection devices shall be installed at an elevation and of
a size that protects the property from damage. It is the
property owner's or long term leaseholder's responsibility to
either confirm that the overflow protection device is at the
proper elevation and size, or to obtain competent assistance
from a licensed plumber or contractor to confirm its proper
elevation and size. If any subsequent modification of the
property results in the overflow protection device being un-
dersized or at an improper elevation, the property owner or
long term leaseholder shall adjust or replace the overflow
protection device to the proper elevation and /or size.
7
C. Failure to Follow the Overflow Protection Device
Requirements. Any property owner or long term leaseholder
whose property has no overflow protection device, or has a
defective or improperly installed or maintained overflow pro-
tection device, shall be responsible for all damage that re-
sults from the lack of such an overflow protection device, or
the failure of a defective or improperly installed or main-
tained overflow protection device to prevent such damage.
Should it be determined that property damage is sustained as
the result of overflow protection device located at an im-
proper elevation, the property owner or long term leaseholder
shall be responsible for any such damage. (Ord. 226 § 2,
2003: Ord. 198 § 3(Exh. C(part)), 1996)
9.15.020 Limited exceptions to requirement for overflow
protection devices.
A. Findings Regarding Exception Requests. The District
finds that some property owners or long term leaseholders may
prefer to apply for an exception to the requirements herein
for installation of a overflow protection device, or that it
may be particularly onerous technically, financially or aes-
thetically for some properties where overflow protection de-
vices were not installed when the side sewer was first built.
The District also finds, however, that failing to install a
overflow protection device may pose a serious risk to the
health, safety and property of the District, its residents
and businesses; hence, if a property owner or long term
leaseholder chooses not to install a overflow protection de-
vice the property owner or long term leaseholder should bear
all liability arising from sewage overflow or flooding caused
by the failure to install such an overflow protection device.
The District and its officers, agents and employees shall not
be liable for any injury or death to any person or damage to
any property caused by the failure of a property owner or
long term leaseholder to install a overflow protection de-
vice.
B. Permissible Exceptions to Requirement for Overflow
Protection Devices; Waiver and Assumption of Liability. A
property owner or long term leaseholder otherwise required to
have installed and maintained an overflow protection device
pursuant to this Chapter, for a building which has been pre-
viously connected to the District's sewer system without a
properly installed overflow protection device may apply for
an exception to the requirements herein for installation and
maintenance of such an overflow protection device.
If a property owner or long term leaseholder applies for
an exception pursuant to this Subsection, the exception may
be either granted or denied by the District. If the excep-
tion is granted, an agreement for an exception will be re-
corded with the Contra Costa County Recorder's Office wherein
the property owner or long term leaseholder expressly assumes
the risk of all damage related to any sewage overflow or
flooding of the subject property that such an overflow pro-
tection device on the side sewer may have prevented or miti-
gated had an overflow protection device had been properly de-
signed, installed and maintained.
C. Procedure for Obtaining Exception. A property
owner or long term leaseholder who applies for an exception
shall obtain and fill out an application on a form acceptable
to the District. The application shall fully describe the
technical, cost and /or aesthetic reasons why installation of
such an overflow protection device is not possible, practical
or preferred. The District shall review the application and
grant or deny the application. If the exception is granted,
the property owner or long term leaseholder requesting the
exception shall execute a recordable agreement for exception
acknowledging the owner's assumption of the risk and waiver
of liability against the District for all overflows on the
property for which the exception is requested. Once exe-
cuted, the waiver and assumption of risk shall be recorded
with the Contra Costa Recorder's Office so as to become part
of the subject property's chain of title. The exception may
be terminated at any time and installation of an overflow
protection device required when, in the discretion of Dis-
trict, modifications to the property or other circumstances
render installation of such an overflow protection device to
be reasonably practical. (Ord. 226 § 3, 2003)
Chapter 9.20
DISTRICT REVIEW AND PERMIT REQUIREMENT FOR BUILDING,
GRADING OR DEMOLITION PROJECTS
Sections:
9.20.010 Review of Grading, Building and Demolition
Permits.
9.20.015 Side Sewer Abandonment Permits for
Demolition.
9.20.020 Establishment of fees.
9.20.030 Construction.
9.20.040 Responsible parties.
9.20.050 Responsible parties- Special circumstances.
9
9.20.010 Review of Grading, Building and Demolition
Permits.
District review of all applications for county or
city grading, building or demolition permits shall be re-
quired prior to the project proponent's submittal of such
applications to the county or particular city. In order
to safeguard public health and safety, the environment and
public and private property, the District may, in its dis-
cretion, require a District permit pursuant to Title 5 of
this Code for and approval of any such construction -
related activities which may impact the District or its
facilities, including requiring temporary capping of the
property side sewer during construction.
9.20.015 Side Sewer Abandonment Permits.
A side sewer abandonment permit pursuant to the re-
quirements of Title 5 of this Code shall be obtained be-
fore any building which is connected to the District sewer
system is demolished. (Ord. 198 § 3(Exh. C(part)), 1996:
Ord. 166 (part), 1987)
9.20.020 Establishment of fees.
The District may from time to time set fees for the
issuance of permits, inspections, and /or the physical work
associated with abandonments. (Ord. 198 § 3(Exh. C(part)),
1996: Ord. 166 (part), 1987)
9.20.030 Construction.
The abandoning of sewers shall be done in accordance
with the Standard Specifications, this Code and other ap-
plicable statutes, regulations and procedures established
by the District, Contra Costa County or the cities within
the District boundaries. (Ord. 198 § 3(Exh. C(part)),
1996: Ord. 166 (part), 1987)
9.20.040 Responsible parties.
The owner of the private side sewer at the time of
the abandonment is responsible for all costs as may be as-
sociated with abandoning sewers in a manner that complies
with the Standard Specifications and procedures. In the
event a property is being improved or redeveloped, the
owner or person proposing the improvements or redevelop-
ment that requires the abandonment work shall also be re-
sponsible for obtaining permits, paying applicable fees
and charges, and selecting a contractor to perform the
abandonment work. Such work shall be done prior to connec-
tion of any structures to the public sewer system or demo-
10
lition of any existing structures, whichever occurs first.
In the event that a sewage facility is abandoned without a
permit, the owner of the property at the time the abandon-
ment is discovered by the District will be responsible for
payment of the appropriate abandonment fees and charges
and for the work to abandon the sewage facility in accor-
dance with Section 9.20.030 (Construction). (Ord. 198
§ 3(Exh. C(part)), 1996: Ord. 166 (part), 1987)
9.20.050 Responsible parties — Special circumstances.
When due to development taking place, whether it be
new development or redevelopment, a public sewer or public
sewage facility is to be abandoned, the developer, person,
agency or entity seeking approval of the development re-
quiring such abandonment shall be responsible for all
work, costs and fees associated with the abandonment au-
thorized by this Chapter and such fees shall be due at the
time of plan review.
If any development causes or requires the abandonment
of an existing side sewer, lateral sewer or house sewer
which services a property not owned by the person or en-
tity undertaking the development, the person or entity un-
dertaking the development shall be responsible for obtain-
ing permission of the owner and paying the costs and fees
authorized by this Chapter associated with that abandon-
ment. (Ord. 198 § 3(Exh. C(part)), 1996: Ord. 166 (part),
1987)
Chapter 9.30
RELINQUISHMENT OF DISTRICT OWNERSHIP AND MAINTENANCE
RESPONSIBILITIES FOR SEWERS TO PROPERTY OWNERS
Sections:
9.30.010 Findings.
9.30.020 Notice of determination and intent to
relinquish sewer facility.
9.30.030 Order of relinquishment by resolution.
9.30.040 Recording.
9.30.010 Findings.
The Board of Directors finds that it may be in the
best interests of the District and its ratepayers to re-
linquish ownership and maintenance responsibility for cer-
tain sewer facilities that exist on a single property or
11
in the common area of a condominium property. This Chapter
establishes procedures for the District to relinquish own-
ership and future maintenance responsibilities to the own-
ers of property on which such sewers and other sewage fa-
cilities exist.
9.30.020 Notice of determination and intent to relinquish
sewer facility.
When the General Manager determines that a District
sewer facility should be relinquished, he or she shall
prepare a report to the Board (Position Paper), agendize a
hearing to consider the proposed relinquishment at a Board
meeting, and notify the affected property owners in writ-
ing of the District's intent to consider relinquishing the
facility. The hearing notice shall state the time and
place of the hearing and be issued at least fifteen (15)
days prior to the hearing date.
9.30.030 Order of relinquishment by resolution.
After holding a properly noticed hearing, the Board
may order the relinquishment of a particular sewer facil-
ity by a resolution which is adopted by at least a two -
thirds vote of members of the Board and which references
the affected Assessor's Parcel Number of the affected
property or properties.
9.30.040 Recording.
If the Board adopts a resolution of relinquishment of
sewer facilities, staff shall record the resolution in the
official records of Contra Costa County.
Chapter 9.40
ABANDONMENT OF DISTRICT SEWER FACILITIES
AND SUBSTITUTION OF ALTERNATE FACILITIES
Sections-
9.40.010 Findings.
9.40.020 No entitlement.
9.40.030 Notice of determination and intent to
abandon sewer facilities.
9.40.040 Hearing to consider resolution of
abandonment
9.40.050 Recording.
9.40.050 Assessment districts.
12
9.40.010 Findings.
The Board of Directors finds that it may be in the
best interests of the District and its ratepayers to aban-
don particular District sewer facilities and, if finan-
cially reasonable, to substitute alternate facilities to
provide continuing wastewater utility service for proper-
ties connected to such a facility.
9.40.020 No entitlement.
No property owner shall be entitled to receiving con-
tinued wastewater utility service via any particular sewer
facility simply by virtue of having received service in
the past from that facility. The District, in its sole
discretion, shall determine the means and methods of pro-
viding wastewater utility service to properties connected
to the District sewer system after considering the techni-
cal, financial and public interests and other issues per-
taining to the provision of a public service. It may be
necessary, from time to time, to abandon existing facili-
ties and to substitute alternate facilities in order to
continue service to particular properties or to better
serve the greater community.
9.40.030 Notice of determination and intent to abandon
sewer facilities and provide substitute facili-
ties.
When the General Manager determines that a District
sewer facility should be abandoned, he or she shall pre-
pare a report to the Board (Position Paper), agendize a
public hearing to consider the proposed relinquishment at
a Board meeting, publish and post public notices, and no-
tify the affected property owners in writing of: (1) the
District's intent to consider abandonment of the facility;
(2) any proposal to substitute alternate facilities for
continuing wastewater utility service to connected proper-
ties; and (3) the time and place of the public hearing.
9.40.040 Order of abandonment by resolution.
The Board may order abandonment of particular sewer
facilities, from time to time, by resolution upon a two -
thirds vote, after having conducted a properly noticed
public hearing, at which oral or written presentations
could be made, as part of a Board meeting. The provision
of substitute alternate facilities shall be dependent upon
whether such facilities can be provided at reasonable
13
cost, the availability of funding and /or the best inter-
ests of the public.
9.40.050' Recording.
After the Board has adopted a resolution of abandon-
ment of sewer facilities, staff may record the resolution
in the official records of Contra Costa County making ref-
erence to the affected Assessor's Parcel Number.
9.40.060 Assessment Districts or Other Financial Vehi-
cles.
The District may consider any assessment district
proceedings or other financing methods allowed by state
statute to finance substitution of alternate facilities
that may be required to continue wastewater utility ser-
vice to connected properties when sewer facilities are
abandoned.
787138.14
14
71 j I �Z)
1 Central Contra Costa Sanitary District
5019 Imhoff Place, Martinez, CA 94553 -4392 (925) 228-9500 • www.centralsan.org
HOUSEHOLD HAZARDOUS WASTE COMMITTEE
ACTION SUMMARY
Chair Hockett
Member Lucey
Tuesday, April 8, 2008
3:00 p.m.
Executive Conference Room
5019 Imhoff Place
Martinez, CA 94553
PRESENT: Barbara Hockett, Jerry Lucey, Jim Kelly, Ann Farrell, Curt Swanson, David
Wyatt, Elaine Boehme
1. CALL MEETING TO ORDER
Chair Hockett called the meeting to order at 3 p.m.
2. PUBLIC COMMENTS
None.
3. REPORTS /ANNOUNCEMENTS
a. Status of HHW Technician 1 /11 Recruitment
Household Hazardous Waste Supervisor David Wyatt reported that the
recruitment is proceeding. A number of qualified applicants have been
identified to participate in an oral board exam within the next two weeks.
COMMITTEE ACTION: Received the report.
b. Update on Planned Mobile Collections Events
Mr. Wyatt reported that only one response was received from San Ramon
in response to the letter sent to all cities in the service area soliciting
interest in a mobile HHW event. The San Ramon mobile event will be
held on June 7, 2008 and between 400 and 500 cars are expected.
Recycled Paper
Household Hazardous Waste Committee
April 8, 2008
In response to a question from General Manager James Kelly regarding
proposed mobile events for the next fiscal year, Committee Members
recommended budgeting for one event at this time.
COMMITTEE ACTION: Received the report. Directed staff to budget
for one mobile collection event for 2008 -09.
C. Update on HHW Outreach Efforts
Public Information and Graphics Supervisor Ken Grubbs presented
information on outreach efforts regarding the HHW facility, including
displays at Ace Hardware stores and advertisements on grocery store
shopping carts.
COMMITTEE ACTION: Received report. Directed staff to develop an
award or other recognition for Bill's Ace Hardware for his ongoing
support of the District's pollution prevention activities.
d. Status of Proposed Pharmaceutical Collection Pilot
Environmental Services Manager Curt Swanson reported on the status of
the pharmaceutical collection pilot program. He is awaiting word from the
Sheriff's Department on whether they wish to proceed with the program.
Secure collection bins would be located at the HHW facility but would be
under the control of the Sheriffs Department. If approved, the program
would most likely commence in June 2008.
COMMITTEE ACTION: Received report.
e. Discussion of new State law impacting Sharps Disposal
Mr. Swanson stated that, effective September 2008, sharps may not be
disposed of in the garbage. He asked whether the Committee would like
staff to explore options for accepting sharps at the HHW facility.
Committee Members stated that, in their opinion, the HHW facility should
not accept sharps because they are not household hazardous waste that
would typically find their way into the wastewater stream, and are more
appropriately handled by other agencies.
COMMITTEE ACTION: Directed staff to look at other ways to dispose
of sharps and to work with other agencies to develop options.
Household Hazardous Waste Committee
April 8, 2008
Report on ongoing operations
Mr. Wyatt distributed a fact sheet on the operations of the HHW to date
documenting the continued increase in participation (attached).
COMMITTEE ACTION: Received report.
g. Other
COMMITTEE ACTION: There were no other items.
4. ADJOURNMENT - at 3:57 p.m.