The URL can be used to link to this page

Home My WebLink About5/7/2009 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 7, 2009 , No.: 7.d. Consent Calendar Type of Action: APPROVE CONFERENCE ATTENDANCE subject: APPROVE PROPOSED BOARD MEMBER CONFERENCE ATTENDANCE FOR FY 2009 -10 Submitted By: Initiating Dept. /Div.: Elaine Boehme Administration Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme Secretary of the District James M. Kelly, General Manager ISSUE: The Board must approve Board Members' proposed attendance at conferences in advance for each fiscal year. RECOMMENDATION: Approve proposed conference attendance for Board Members for FY 2009 -10 as shown on Attachment A. FINANCIAL IMPACTS: The amount of $2,000 per person has been included in the budget for each conference attendance. ALTERNATIVES /CONSIDERATIONS: The Board may deny the approval of the conference attendance. BACKGROUND: At its meeting of November-20, 2008., the Board voted to amend the District's Travel Policy to state that Board Member conference attendance will be approved by the Board on a yearly basis in advance (Attachment B). Early in the year, Board Members were asked to indicate their proposed conference attendance for the next fiscal year at CASA, CSDA, WEFTEC and CWEA conferences. These are now presented to the Board for approval as Attachment A. In the event that a Board Member wishes to attend a conference other than as shown on Attachment A, separate Board approval will be required. RECOMMENDED BOARD ACTION: Approve proposed conference attendance for Board Members for FY 2009 -10 as shown on Attachment A: ATTACHMENT A Central Contra Costa Sanitary District PROPOSED CONFERENCE ATTENDANCE FOR FY 2009 -10 DATE /LOCATION CONFERENCE August 12 -15, 2009, San Diego CASA Hilton on Mission Bay September 21 -24, 2009, Indian Wells CSDA Esmerelda Resort October 10 -14, 2009, Orlando, FL WEFTEC Orange County Convention Center January 12 -15, 2010, Desert Springs CASA .J. W. Marriott March 2010, Washington, DC CASA (Legislative Conference) April 20 -April 24, 2010, Sacramento CWEA April 28 -May 1, 2010 (location TBD) CASA MEMBERS Hockett, Lucey, McGill None None Hockett, McGill Hockett McGill Hockett, McGill Board Minutes of November 20, 2008 ATTACHMENT B a. Approve expenditures dated November 20, 2008. Reviewed by Budget and Finance Committee.. b. Approve minutes of October 16, 2008 and October 29, 2008 Board Meetings. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 11.a. under Closed Session was taken out of order due to the attendance of Executive Recruiter Bob Murray. 6. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS a. CONSIDERATION OF PROPOSED REVISIONS TO THE DISTRICT TRAVEL POLICY REGARDING THE APPROVAL PROCESS FOR BOARD MEMBER CONFERENCE ATTENDANCE AND REGARDING PROHIBITING THE USE OF PRIVATE LIMOUSINES OR CHAUFFEURED CARS FOR TRANSPORTATION This item was continued from October 16 and November 6, 2008. It was moved by Member Nejedly and seconded by Member McGill to amend the Travel Policy to state that Board Member conference attendance will be approved on a yearly basis in advance. Motion passed by unanimous vote of the Board. With regard to prohibiting the use of private limousines or chauffeured cars, President Lucey and Member Nejedly expressed support for the prohibition as set forth in the Position Paper. Member Hockett stated that she would like to see a financial component to the issue that would discuss the economic basis for the change. . Member McGill stated that he does not want Board Member transportation to become a political issue and agreed with the proposed prohibition of private limousines, but questioned the blanket prohibition of chauffeured cars. Member Menesini stated that public image is an issue when using chauffeured cars and limousines, and concurred with President Lucey and Member Nejedly in their support of the prohibition. It was moved by President Lucey and seconded by Member Nejedly to approve the staff - recommended revisions as set forth in the Travel Policy. Member McGill requested clarification of the motion. It was moved by Member Nejedly and seconded by President Lucey to disqualify the use of private limousines and chauffeured cars for Board Member or staff transportation. Motion passed by the following roll call vote: Book 58 -'Page 124 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 7, 2009 No.: 7.e. Consent Calendar Type of Action: ADOPT RESOLUTIONS subject: ADOPT RESOLUTIONS TO MEET CLEAN WATER STATE REVOLVING FUND PROGRAM REQUIREMENTS FOR FUNDING ELIGIBILITY FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Submitted By: Initiating Dept. /Div.: Clint T. Shima, Assistant Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: C. Shima B. Than T. P' i A. Farrell K. Alm ames M. Kell a� Y. General Manager ISSUE: Board of Directors' approval is required to allow the District to meet Clean Water State Revolving Fund (CWSRF) Program requirements for funding eligibility for the American Recovery and Reinvestment Act of 2009. RECOMMENDATION: Adopt the following resolutions to fulfill CWSRF Program requirements: 1. Resolution (1) authorizing the General Manager and the Secretary of the District, or their designee, to execute up to seven Financial Assistance Agreements with the State Water Resources Control Board (SWRCB). 2. Resolution (1) dedicating a source of revenue to payment of CWSRF Program financing. 3. Resolutions (7) stating intent to reimburse moneys provided through CWSRF Program financing, for up to seven District Projects. Adoption of these Resolutions will maintain District eligibility for funding from the American Recovery and Reinvestment Act of 2009. FINANCIAL IMPACTS: There are seven projects under consideration. The potential amount of funding ranges from zero to approximately $34 million. The State Water Resources Control Board may decide on a zero or low interest loan, or grant funding. ALTERNATIVES /CONSIDERATIONS: The Board of Directors may decline adoption of these resolutions. The result will be that the project(s) will lose eligibility for funding from the American Recovery and Reinvestment Act of 2009. Adopting these Resolutions is required for the financial assistance application process. N: \PESUP \Position Papers \Shima\ARRA - Authorize - CTS- Final.doc Page 1 of 20 POSITION PAPER Board Meeting Date: May 7, 2009 subiect. ADOPT RESOLUTIONS TO MEET CLEAN WATER STATE REVOLVING FUND PROGRAM REQUIREMENTS FOR FUNDING ELIGIBILITY FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 BACKGROUND: The District has submitted seven projects to the CWSRF Project Priority List 2009 -2010 as required for funding consideration from the American Recovery and Reinvestment Act of 2009. On March 19, 2009, the Board of Directors adopted a resolution approving five capital projects for CEQA purposes. The other two projects previously completed their CEQA process and received Board of Directors' approval. The District must adopt additional Resolutions consistent with the requirements of the CWSRF procedures to. apply for financial assistance. Adopting the first Resolution will authorize the General Manager, the Secretary of the District, or their designee, to enter into any necessary financial agreements with the SWRCB. Adopting the second Resolution will dedicate a ,source of revenue to payment of CWSRF Program financing. The remaining Resolutions state intent to reimburse moneys provided under the CWSRF Program. Adopting these Resolutions is required by CWSRF Program procedures to proceed with the financial assistance application process. RECOMMENDED BOARD ACTION: Staff recommends adopting the following Resolutions (attached) to meet CWSRF Program requirements: 1. Resolution (1) authorizing the General Manager and the Secretary of the District, or their designee, to execute up to seven Financial Assistance Agreements with the SWRCB. 2. Resolution (1) dedicating a source of revenue to payment of CWSRF Program financing. 3. Seven Resolutions stating intent to reimburse moneys provided through CWSRF Program financing. N:\PESUP \Position Papers \Shima\ARRA - Authorize - CTS - Final.doc Page 2 of 20. RESOLUTION NO. 2009- A RESOLUTION AUTHORIZING THE GENERAL MANAGER AND THE SECRETARY OF THE DISTRICT OR THEIR DESIGNEE TO EXECUTE A FINANCIAL ASSISTANCE AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD FOR FUNDING ELIGIBILITY FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Central Contra Costa Sanitary District (CCCSD) will be seeking funding for seven capital projects from the American Recovery and Reinvestment Act of 2009; • Collection System Operations Facilities Improvements, DP 8208 • Concord Recycled Water, Phase 1, DP 7194 • Solids Handling Improvements, DP 7260 • Wet Weather Bypass Improvements, DP 7241 • Primary Structures Demolition, DP 7255 • Diablo Renovations, Phase 1,DP 5953 • Pleasant Hill Renovations, Phase 1, DP 5961, and; WHEREAS, SWRCB will be administering funding through the State Water Resources Control Board's ( SWRCB) Clean Water State Revolving Fund BE IT RESOLVED by the Board of Directors that the General Manager and the Secretary of the District or their designee are hereby authorized and directed to sign and file, for and on behalf of the Central Contra Costa Sanitary District (CCCSD), a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of CSO Facility Improvements, DP 8208, Concord Recycled Water, Phase 1, DP 7194, Solids Handling Improvements, DP 7260, Wet Weather Bypass Improvements, DP 7241, Primary Structure Demolition, DP 7255, Diablo Renovations, Phase 1, DP 5953, and Pleasant Hill Renovations, Phase 1, DP 5961; and BE IT RESOLVED that the Central Contra Costa Sanitary District hereby agrees and further does authorize the aforementioned representative or his /her designee to certify that the Agency has and will comply with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received from the State Water Resources Control Board; and BE IT FURTHER RESOLVED that the General Manager and the Secretary of the District or their designee are hereby authorized to negotiate and execute a financial assistance agreement from the State Water Resources Control Board and any amendments or change orders thereto and certify financing agreement disbursements on behalf of CCCSD. PASSED AND ADOPTED this 7th day of May 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 RESOLUTION NO. 2009- A RESOLUTION DEDICATING UNENCUMBERED AD VALOREM TAX REVENUES, CAPACITY FEE REVENUES, AND SEWER SERVICE CHARGE REVENUES FOR REPAYMENT OF CLEAN WATER STATE REVOLVING FUND FINANCING FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Central Contra Costa Sanitary District (CCCSD) will be seeking funding for seven capital projects from the American Recovery and Reinvestment Act of 2009; • Collection System Operations Facilities Improvements, DP 8208 • Concord Recycled Water, Phase 1, DP 7194 • Solids Handling Improvements, DP 7260 • Wet Weather Bypass Improvements, DP 7241 • Primary Structures Demolition, DP 7255 • Diablo Renovations, Phase 1,DP 5953 • Pleasant Hill Renovations, Phase 1, DP 5961, and; WHEREAS, SWRCB will be administering funding through the State Water Resources Control Board's ( SWRCB) Clean Water State Revolving Fund BE IT RESOLVED by the Board of Directors that unencumbered Ad Valorem Tax revenues, capacity fee revenues, and, to the extent required, supplemented by the sewer service charge revenues, shall be dedicated to payment of any and all Clean Water State Revolving Fund and /or Water Recycling Funding Program financing on the aforementioned projects. These dedicated sources of revenues shall remain in effect throughout the term of such financing unless modification or change of such dedication is approved in writing by the State Water Resources Control Board. PASSED AND ADOPTED this 7th day of May 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 RESOLUTION NO. 2009- A REIMBURSEMENT RESOLUTION STATING INTENT TO REIMBURSE COSTS FOR THE CSO FACILITY IMPROVEMENTS PROJECT, DP 8208, FINANCED BY THE CLEAN WATER STATE REVOLVING FUND FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Central Contra Costa Sanitary District (the "Agency ") desires to finance the costs of constructing the CSO Facility Improvements project, DP 8208 (the "Project "); and WHEREAS, the Agency intends to finance the construction and /or reconstruction of the Project or portions of the Project with moneys ( "Project Funds ") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations "), and WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures ") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $17,725,000. SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Agency expenditure will be of a type properly chargeable to. a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax - exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150 -2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents. PASSED AND ADOPTED this 7th day of May 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 RESOLUTION NO. 2009- A REIMBURSEMENT RESOLUTION STATING INTENT TO REIMBURSE COSTS FOR THE CONCORD RECYCLED WATER, PHASE 1, PROJECT, DP 7194, FINANCED BY THE CLEAN WATER STATE REVOLVING FUND FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Central Contra Costa Sanitary District (the "Agency ") desires to finance the costs of constructing the Concord Recycled Water, Phase 1, project DP 7194 (the "Project "); and WHEREAS, the Agency intends to finance the construction and /or reconstruction of the Project or portions of the Project with moneys ( "Project Funds ") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations "), and WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures ") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined.that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $4,200,000. SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax - exempt obligations have not been issued. . SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150 -2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and 'correct and this Agency so finds, determines and represents. PASSED AND ADOPTED this 7th day of May 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 RESOLUTION NO. 2009- A REIMBURSEMENT RESOLUTION STATING INTENT TO REIMBURSE COSTS FOR THE SOLIDS HANDLING IMPROVEMENTS PROJECT, DP 7260, FINANCED BY THE CLEAN WATER STATE REVOLVING FUND FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Central Contra Costa Sanitary District (the "Agency ") desires to finance the costs of constructing the Solids Handling Improvements project, DP 7260 (the "Project "); and WHEREAS, the Agency intends to finance the construction and /or reconstruction of the Project or portions of the Project with moneys ( "Project Funds ") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations "), and WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures ") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $4,470,000: SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax - exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150 -2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents. PASSED AND ADOPTED this 7th day of May 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 RESOLUTION NO. 2009- A REIMBURSEMENT RESOLUTION STATING INTENT TO REIMBURSE COSTS FOR THE WET WEATHER BYPASS IMPROVEMENTS PROJECT, DP 7241, FINANCED BY THE CLEAN WATER STATE REVOLVING FUND FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Central Contra Costa Sanitary District (the "Agency ") desires to finance the costs of constructing the Wet Weather Bypass Improvements project, DP 7241 (the "Project "); and WHEREAS, the Agency intends to finance the construction and /or reconstruction of the Project or portions of the Project with moneys ( "Project Funds ") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations "), and WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures ") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $3,287,000. SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax - exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150 -2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents. PASSED AND ADOPTED this 7th day of May 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 RESOLUTION NO. 2009- A REIMBURSEMENT RESOLUTION STATING INTENT TO REIMBURSE COSTS FOR THE PRIMARY STRUCTURES DEMOLITION PROJECT, DP 7255, FINANCED BY THE CLEAN WATER STATE REVOLVING FUND FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Central Contra Costa .Sanitary District (the "Agency ") desires to finance the costs of constructing the Primary Structures Demolition project, DP 7255 (the "Project "); and WHEREAS, the Agency intends to finance the construction and /or reconstruction of the Project or portions of the Project with moneys ( "Project Funds ") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations "), and WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures ") with respect to the Project from available moneys of the Agency; and , WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The reasonably expected maximum principal amount of-the Project Funds is $1,474,000. SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax - exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150 -2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents. PASSED AND ADOPTED this 7th day of May 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 RESOLUTION NO. 2009- A REIMBURSEMENT RESOLUTION STATING INTENT TO REIMBURSE COSTS FOR THE DIABLO RENOVATIONS, PHASE 1, PROJECT, DP 5953, FINANCED BY THE CLEAN WATER STATE REVOLVING FUND FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Central Contra Costa Sanitary District (the "Agency ") desires to finance the costs of constructing the Diablo Renovations, Phase 1, project, DP 5953 (the "Project "); and WHEREAS, the Agency intends to finance the construction and /or reconstruction of the Project or portions of the Project with moneys ( "Project Funds ") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations "), and WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures ") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $1,410,000. SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax - exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150 -2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents. PASSED AND ADOPTED this 7th day of May 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the' following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 RESOLUTION NO. 2009- A REIMBURSEMENT RESOLUTION STATING INTENT TO REIMBURSE COSTS FINANCED FOR THE PLEASANT HILL RENOVATIONS, PHASE 1, PROJECT, DP 5961, BY THE CLEAN WATER STATE REVOLVING FUND FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Central Contra Costa Sanitary District (the "Agency ") desires to finance the costs of constructing the Pleasant Hill Renovations, Phase 1, project, DP 5961 (the "Project "); and WHEREAS, the Agency intends to finance the construction and /or reconstruction of the Project or portions of the Project with moneys ( "Project Funds ") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations "), and WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures ") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $1,500,000. SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax - exempt obligations have not been issued. SECTION 6. This resolution`is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150 =2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents. PASSED AND ADOPTED this 7th day of May 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 7, 2009 No.: 7. f . Consent Calendar Type of Action: SET DATE FOR PUBLIC HEARING Subject: SET DATE FOR PUBLIC HEARING ON JUNE 4, 2009 TO RECEIVE PUBLIC COMMENT ON THE DRAFT FISCAL YEAR 2009 -10 CAPITAL IMPROVEMENT BUDGET AND 2009 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 C. Swanson A. Farrell James M. Kell General Manager ISSUE: The District's draft Fiscal Year (FY) 2009 -10 Capital Improvement Budget (CIB) and 2009 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 date for public hearing on June 4, 2009 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 2009 -10 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 2009 -10 is presented in the CIB document. The 2009 Ten -Year CIP contains projected projects beginning with the FY 2009 -10 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 9, 2009, 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 June 4, 2009. A staff presentation will be made at that time. NAENVRSEMPosition Papers \Millier\2009 \PP Set Hearing PP Draft CIB -CIP 2009 Final 5- 7- 09.DOC Page 1 of 2 POSITION PAPER Board Meeting Date: May 7, 2009 subject: SET DATE FOR PUBLIC HEARING ON JUNE 4, 2009 TO RECEIVE PUBLIC COMMENT ON THE DRAFT FISCAL YEAR (FY) 2009 -10 CAPITAL IMPROVEMENT BUDGET AND 2009 TEN -YEAR CAPITAL IMPROVEMENT PLAN DOCUMENT RECOMMENDED BOARD ACTION: Set date for public hearing on June 4, 2009 to receive public comment on the draft CIB /CIP document, which includes the Equipment Budget and Information Technology Plan. N: \ENVRSEC \Position Papers \Millier\2009 \PP Set Hearing PP Draft CIB -CIP 2009 Final 5- 7- 09.DOC Page 2 of 2 Central Contra Costa Sanitary District (AL BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 7, 2009 No.: 7.g. Consent Calendar Type of Action: SET DATE FOR PUBLIC HEARING subject: SET JUNE 4, 2009 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PLACING THE FISCAL YEAR 2009 -10 CAPACITY USE CHARGES, THE FISCAL YEAR 2009 -10 ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS AND THE FISCAL YEAR 2008 -09 DELINQUENT CHARGES ON THE CONTRA COSTA COUNTY TAX ROLL Submitted By: Initiating Dept /Div.: Kurt Darner, Development Services Engineering /Environmental Services Supervisor REVIEWED AND RECOMMENDED FOR BOARD ACTION: K. Da er C. Swanson A. Farrell K. Alm James MyGf General Manager ISSUE: The District Code and State of California law require holding Public Hearings for placing the Fiscal Year 2009 -10 Capacity Use Charges, the 2009 -10 assessments for Contractual Assessment Districts,. and the 2008 -09 delinquent charges on the County tax roll. , RECOMMENDATION: Establish June 4, 2009 as the date for a public hearing to receive comments on placing the Fiscal Year 2009 -10 Capacity Use Charges, the 2009 -10 assessments for Contractual Assessment Districts, and the 2008 -09 delinquent charges on the County tax roll for collection. FINANCIAL IMPACTS: None from this action. ALTERNATIVES /CONSIDERATIONS: The Board could decline to place Capacity Use Charges, assessments for Contractual Assessment Districts and delinquent charges on the County tax roll for collection, requiring that these charges be collected directly by the District. Direct billing would incur additional staff time and could result in a lower rate of collection of these charges. BACKGROUND: Commercial tenants and commercial property owners may elect to participate in the District's Capacity Use program for payment of Capacity Fees over a fifteen year period instead of upon connection. Property owners who have formed Contractual Assessment Districts have agreed to pay for sewer improvements over a ten year period. Payments are to be collected by placing assessments on each property owner's tax bill. N: \ENVRSEC \Position Papers\ Darner\2009 \PP- SetHearing_09 -10 CapUse,CADs & Delinq Chgs. 5- 7- 09.DOC . Page 1 of 2 POSITION PAPER Board Meeting Date: May 7, 2009 subject: SET JUNE 4, 2009 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PLACING THE FISCAL YEAR 2009 -10 CAPACITY USE CHARGES, THE FISCAL YEAR 2009 -10 ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS AND THE FISCAL-YEAR 2008 -09 DELINQUENT CHARGES ON THE CONTRA COSTA COUNTY TAX ROLL The District may elect to use the tax roll for the collection of current or delinquent charges for services and facilities furnished by the District. . A resolution of the Board is needed to place Capacity Use Program charges, assessments for Contract Assessment Districts, and delinquent charges on the County tax roll. RECOMMENDED BOARD ACTION: Establish June 4, 2009 as the date for a public hearing to receive comments on placing the Fiscal Year 2009 -10 Capacity Use Charges, the 2009 -10 assessments for Contractual Assessment Districts, and 2008 -09 delinquent charges on the Contra Costa County tax roll. NAENVRSEC \Position Pape rs \Darner\2009 \PP- SetHearing 09 -10 CapUse,CADs & Delinq Chgs. 5- 7- 09.DOC Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 7, 2009 No.: 7.h. Consent Calendar Type of Action: SET PUBLIC HEARING DATE Subject: SET PUBLIC HEARINGS ON JUNE 4, 2009, TO RECEIVE PUBLIC COMMENT ON THE FISCAL YEAR 2009 -2010 OPERATIONS AND MAINTENANCE BUDGET, DEBT SERVICE FUND BUDGET AND THE SELF - INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT OF THE FISCAL YEAR 2009 -2010 SEWER SERVICE CHARGE RATES, AND ON THE COLLECTION OF CURRENT SEWER SERVICE CHARGES AND PRIOR YEAR DELINQUENT CHARGES BY PLACING THEM ON THE COUNTY TAX ROLL Submitted By: Debbie Ratcliff, Controller Initiating Dept. /Div.: Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ratere/ �. _ r ames M. Kelly, eneral Manager ISSUE: The District Code and State of California law require holding Public Hearings for placing the Fiscal Year 2009 -2010 Sewer Service Charges and prior year delinquent charges on the County tax roll for collection. A public hearing is also being scheduled to receive comment on the amount of Sewer Service Charge to be imposed for Fiscal Year 2009 -2010 and to receive public comment on the Fiscal Year 2009 -2010 Operations and Maintenance, Debt Service and Self- Insurance Fund Budgets. RECOMMENDATION:. Authorize a public notice to set public hearings on June 4, 2009, to receive public comment on the Sewer Service Charge rates to be imposed for Fiscal Year 2009 -2010, the collection of Sewer Service Charges and prior year delinquent charges on the County tax roll, and the Fiscal Year 2009 -2010 Operations and Maintenance, Debt Service and Self- Insurance Fund Budgets. FINANCIAL IMPACTS: At the June 4, 2009, Public Hearing, the Board will be asked to consider a Sewer Service Charge rate increase of $10 for Fiscal Year 2009 -2010. Total additional revenues for Fiscal Year 2009 -2010 would be approximately $1.7 million if the staff proposed budget rate increase of $10 is implemented. ALTERNATIVES /CONSIDERATIONS: The Board could choose not to increase the Sewer Service Charge for Fiscal Year 2009 -2010 or an alternative amount other than the $10 assumed in the budget. NAADMINSUP\ADMIN \POSPAPER \Set Public Hearing 05- 07- 09.doc POSITION PAPER Board Meeting Date: May 7, 2009 subject. SET PUBLIC HEARINGS ON JUNE 4, 2009, TO RECEIVE PUBLIC COMMENT ON THE FISCAL YEAR 2009 -2010 OPERATIONS AND MAINTENANCE BUDGET, DEBT SERVICE FUND BUDGET AND THE SELF - INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT OF THE FISCAL YEAR 2009 -2010 SEWER SERVICE CHARGE RATES, AND ON THE COLLECTION OF CURRENT SEWER SERVICE CHARGES AND PRIOR YEAR DELINQUENT CHARGES BY PLACING THEM ON THE COUNTY TAX ROLL In regard to the collection of Sewer Service Charges, the Sewer Service Charge could be collected through direct billings by the District. However, this would require additional labor and benefit costs. The Sewer Service Charge has been collected on the County tax roll since the inception of the service charge in 1976. Staff believes that collection on the tax roll provides the most economical and efficient means for the District to collect these charges. BACKGROUND: At the Board Financial Planning and Policy Workshop in January, and subsequent Board Meetings, staff reviewed the financial prudence of imposing a Sewer Service Charge rate increase of $10 for a total charge of $321 annually to cover inflationary increases in the budget, increased spending in the District's Capital Improvement Plan, and to have annual modest rate increases in future years. The Operations and Maintenance Budget, which will be submitted for initial review by the Board of Directors on May 21, 2009, has assumed a Sewer Service Charge increase of $10 for a total charge of $32.1. A public hearing is required to receive public comments on collecting Sewer Service Charges and prior year delinquent charges on the County tax roll. A hearing is also being set to receive comment on selecting the Sewer Service Charge rate to be imposed for Fiscal Year 2009 -2010. The Board will review and consider the District's proposed budget on May 21, 2009 to determine whether an increase is necessary for Fiscal Year 2009 -2010. These hearings are typically held during the Board Meeting at which the Operations and Maintenance Budget is presented for approval. Approval and adoption of the Fiscal Year 2009 -2010 Operations and Maintenance Budget, Debt Service Fund Budget and Self- Insurance Fund Budget is scheduled for the Board meeting on June 4, 2009. RECOMMENDED BOARD ACTION: Authorize a public notice to set public hearings on June 4, 2009, to receive public comment on the amount of the Sewer Service Charge rates for Fiscal Year 2009 -2010, the collection of Sewer Service Charges and prior year delinquent charges on the County tax roll, and on the Fiscal Year 2009 -2010 Operations and Maintenance Budget, Debt Service Fund Budget and Self- Insurance Fund Budget. N:WDMINSUMADMIMPOSPAPEMSet Public Hearing 05- 07- 09.doc 8.a. Hearings CONTINUED PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO ADOPT AN UNCODIFIED "SCHEDULE OF CAPACITY FEES, RATES AND CHARGES" AS REQUIRED UNDER DISTRICT CODE CHAPTER 6.12" SUGGESTED AGENDA May 7, 2009 I. 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 to adopt an uncodified "Schedule of Capacity Fees, Rates and Charges." WENVRSEC \Position Papers \Miyamoto- Mills\2009 \5 -7 -09 Capacity Fees - PP- etc \FINAL Agenda for Public Hearing Capacity Fees 05- 07- 2009.doc Central Contra Costa Sanitary District ' BOARD. OF DIRECTORS POSITION PAPER May 7, 2009 8.a. Hearings Board Meeting Date: APf l -%, -20 9- No.: 4-a- -- Hearings Type of Action: CONDUCT A PUBLIC HEARING; ADOPT ORDINANCE Subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN UNCODIFIED ORDINANCE REPLACING EXHIBIT B ADOPTED PURSUANT TO ORDINANCE 249 ENTITLED "SCHEDULE OF CAPACITY FEES, RATES AND CHARGES" IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.12 Submitted By: Initiating Dept. /Div.: Jarred Miyamoto - Mills, Principal Engineer Engineering /Environmental Services REVIEWED AND RECOMMEN ED FOR BOARD ACTION: \ J. Nf1yamoFo -Mills C. Swanson A. Farrell K. Alm ames M. Kelly eneral Manager ISSUE: District Code Chapter 6.12 requires that a public hearing be held prior to the Board of Directors' consideration of an ordinance to adopt an uncodified "Schedule of Capacity Fees, Rates and Charges." RECOMMENDATION: Conduct the public hearing. Adopt an uncodified ordinance replacing Exhibit B adopted pursuant to Ordinance 249 entitled "Schedule of Capacity Fees, Rates and Charges "; in accordance with District Code Chapter 6.12. FINANCIAL IMPACTS: Staff estimates that the recommended fees would generate about $400,000 in 2008 -09 in additional Capacity Fee revenue based on connection of 500 Residential Unit Equivalents (RUE) in the gravity zone and 500 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 2008. 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 $1.6 billion) is many times the value of future facilities expansion needed to accommodate future customers. Stated differently, most of the facilities N: \ENVRSEC \Position Papers \Miyamoto- Mills\2009 \4 -16 -09 Capacity Fees - PP- Agenda- Attach - Exhibits \PP Conduct Hearing Capacity Fees (FINAL) 4 -16 -2009 REV1.doc POSITION PAPER Board Meeting Date: Ap61 -46 200g May 7, 2009 Subject CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN UNCODIFIED ORDINANCE REPLACING EXHIBIT B ADOPTED PURSUANT TO ORDINANCE 249 ENTITLED "SCHEDULE OF CAPACITY FEES, RATES AND CHARGES" IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.12 needed to serve new customers have already been built and paid for. As a consequence, most of the work envisioned in the District's Capital Improvement Plan is for renovation, replacement or upgrading of facilities to 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: Current Proposed Fee Category (2008 -09) (2009 -10) % change Gravity Zone Fee $ 4,923 $ 5,298 7.6% Pumping Zone Fee $ 6,509 $ 6,949 6.8% The proposed fee increases result principally from the investment of over $31.5 million in additions, upgrades, renovation, and replacement of capital facilities in 2007 -08. 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 presented in the General Manager's Report at the Board's regular meeting on March 19, 2009. RECOMMENDED BOARD ACTION: Conduct the public hearing. Adopt an uncodified ordinance replacing Exhibit B'adopted pursuant to Ordinance 249 entitled "Schedule of Capacity Fees, Rates and Charges" in accordance with District Code Chapter 6.12 (see Attachment 1). N: \ENVRSEC \Position Papers \Miyamoto- Mills\2009 \4 -16 -09 Capacity Fees - PP- Agenda- Attach - Exhibits \PP Conduct Hearing Capacity Fees (FINAL) 4 -16 -2009 REV1.doc Attachment 1 ORDINANCE NO. 254 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING AN UNCODIFIED SCHEDULE OF CAPACITY FEES, RATES AND CHARGES IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.12 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 2009 -10 Capital Improvement Budget & 2009 Capital Improvement Plan, and the Staff Report on Proposed Capacity Fee Program dated March 2009; and WHEREAS, it is reasonable and necessary that all users of the District's wastewater and household hazardous waste collection, treatment, recycling, reuse and disposal services and facilities, including those temporary users served under Special Discharge Permits, contribute their appropriate portion of the funding for such District services and facilities, and WHEREAS, public meetings for District staff to informally discuss the proposed Capacity Fee Program with interested customers were held on April 7 and April 8, 2009; and WHEREAS, a properly noticed public hearing regarding the proposed Capacity Fee Program revisions was continued on April 16, 2009 and held on May 7, 2009, 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, Chapter 6.12 of the District Code provides the enabling authority for the District to implement the proposed uncodified Schedule of Capacity Fees, Rates and Charges; NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows: Section 1 (To be Uncodified) The "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 in uncodified form pursuant to the provisions of District,Code Section 6.12.020. Ordinance No. 254 Page 2 of 2 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 Schedule, and shall remain in effect until amended or replaced by Ordinance. Section 2 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. 249 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. 249 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 3 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 6, 2009. - PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 7th day of May 2009, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly 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 EXHIBIT "A" 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. 254, adopted May 7, 2009. 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 6, 2009 in accordance with the provisions of CCCSD Code Chapter 6.12. Gravity Capacity Fee t $5,298 / RUE* Pumping Capacity Fee 1$1,651 / RUE *A residential unit equivalent (RUE) is a measure of sewage volume and strength equivalent to a typical residential household. Gravity Zone Fee Zone 1 = Gravity Capacity Fee Pumped Zone Fee (Zone 2) = Gravity Capacity Fee + Pumping Capacity Fee Residential Unit Equivalence (RUE) Factors(') Number of RUE = Unit of Measure 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 I 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. Page 1 of 5 m SCHEDULEOF CAPACITYFEES;RATE&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 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. Page 2 of 5 Residential Unit Equivalence (RUE) Factors(') Number of RUE = Unit of Measure County Multiplied by the RUE Factor Private Schools (SD, SE, SH, SI, SU) (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 Page 3 of 5 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 gym / 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 Page 3 of 5 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 -- Special billings -- Utilities Values for use in the RUE formula in Section 6.12.050(D)(2) shall be: FLORU = 200 qpd BODRU = 200 m /I TSSRU = 215 m /I A = 0.69 B = 0.14 C = 0.17 Page 4 of 5 SCHEDIJ.LE OF CAPACITY FEES, RATES AND CHARGES„ CONTINUED : _ h CP 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. Page 5 of 5 Capacity Charge Capacity Use "Initial Payment" Charge 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 Sq. Ft.) Sq. Ft.) Ft.) ($ /HCF) AC Car washes 1.166 22.829 $ 907.39 $ 4.89 AW Car washes with recycling 1.166 3.805 $ 107.10 $ 3.46 BL Laundromats 1.166 14.594 $ 560.95 $ 4.73 HP Hospitals 1.166 3.124 $ 78.42 $ 3.09 RB Bakeries retail 1.166 2.178 $ 131.60 $ 7.43 RS Restaurants dine -in 1.166 2.738 $ 129.28 $ 5.81 RT Restaurants (paper 1.166 2.738 $ 129.28 $ 5.81 service / no dishwashers SF Skilled nursing facilities 1.166 2.347 $ 47.73 $ 2.45 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. Page 5 of 5 Items 8.a and 8.b Central Contra Costa Sanitary District Capacity and Environmental & Development - Related Fees, Rates & Charges Public Hearings May 7, 2009 (Continued from April 16, 2009) Schedule for Updating Capacity Fees and Development - Related Fees & Charges • Set Public Hearing Date ---------- - - - - -- March 19, 2009 • Customer Outreach -- - - - - -- March 20 to April 16, 2009 • Continue Public Hearing ------------ - - - - -- April 16, 2009 • Conduct Public Hearing --------------- - - - - -- May 7, 2009 • Fees & Charges effective ------------- - - - - -- July 1, 2009 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. • Capacity Fees are adjusted annually to avoid larger increases that would be likely for multi -year adjustments. Capacity Fee ee Approach • "Buy -in" calculation: Value of Assets ---------------- - - - - -- = Capacity Fee Number of RUE .% 2 JT Recommended Capacity Fees Current Proposed % (per RUE) (per RUE) Change • Gravity Zone: $4,923 $5,298 +7.6% • Pumped Zone: $6,509 $6,949 +6.8% COMPARISON OF CAPACITY FEES Aaencv Caoacity Fee " Dublin San Ramon Services District $14,475 Pittsburg (Delta Diablo Sanitation District for Treatment) $8,903 Antioch (Delta Diablo Sanitation District for Treatment) $8,228 Mountain View Sanitary District $8,032 Bay Point (Delta Diablo Sanitation District for Treatment) $7,810 Proposed CCCSD Pumped Zone $6,949 Current CCCSD Pumped Zone $6,509 Proposed CCCSD Gravity Zone $5,298 Current CCCSD Gravity Zone $4,923 Concord $4,447 West County Wastewater District $2,431 Other agencies' fees are for 200 8-09 3 Additional Revenue Potential • 2009 -10 (assuming 1,000 new units). — Gravity Zone (500 units) — Pumped Zone (500 units) Additional from Fee Increase TOTAL $ 187,500 $2,649,000 $ 220,000 $3,474,500 Environmental Services and Development- Related Rates & Charges • Recommended Rates and Charges: - Follow recent approach of annual adjustment for changes in salaries, benefits and overhead • Fifty -three fees remairi the same; seven fees increase; nine fees decrease; two restructured. • Mainline Inspection Fees would increase 6.7% (in street), and 6.5% (in undeveloped land). • Additional revenue from increased fees would likely be balanced by reduced revenue from decreased fees. 4 i Customer Outreach • Legal Notices published and posted. • 350 Letter Reports to Interested Customers: — Home Builders Association — Applicants, Developers, Engineers, Business Owners and Contractors • Letter Reports handed out at Permit Counter • Meetings for Customers — Tuesday - April 7, 2009 at 7 pm — Wednesday - April 8, 2009 at 10 am 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. E 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 users 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. 2 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. Findings Capacity Fees ' • Revenue will be allocated to: — Equitable adjustment of contributions between current, new and contractual users. — Fund the new user's share of "Funds Required" in the: • Sewer Construction Fund • Running Expense Fund • Debt Service Fund • Self Insurance Fund 7 1 Questions...? 8.b. Hearings CONTINUED PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED UNCODIFIED ORDINANCE TO ADOPT A "SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES" AS REQUIRED UNDER DISTRICT CODE CHAPTER 6.30 SUGGESTED AGENDA May 7, 2009 I. 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 to adopt an uncodified "Schedule of Environmental and Development - Related Rates and Charges" as required under District Code Chapter 6.30. 0 N: \ENVRSEC \Position Papers \Miyamoto- Mills\2009 \5 -7 -09 Environ - Develop Rates & Charges \FINAL Agenda PH re Env & Dev Rates and Charges 05- 07- 2009.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER May 7, 2009 8.b. Hearings Board Meeting Date: - Aff4-4&, 2-009- No.: Type of of Action: CONDUCT A PUBLIC HEARING; ADOPT ORDINANCE Subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN UNCODIFIED ORDINANCE REPLACING EXHIBIT B ADOPTED PURSUANT TO ORDINANCE 250 ENTITLED "SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES" IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30 Submitted By: Initiating Dept. /Div.: Kurt Darner, Engineering /Environmental Services Development Services Supervisor REVIEWED AND RECOMMENDED FOR BOARD ACTION: K. Darner C. Swanson (� _ A. Farrell K. Alm James Kelly, X111/" General Manager ISSUE: District Code Chapter 6.30 requires that a public hearing be held prior to the Board of Directors' consideration of an ordinance to adopt an uncodified "Schedule of Environmental and Development - Related Rates and Charges." RECOMMENDATION Conduct the public hearing. Adopt an uncodified ordinance replacing Exhibit B adopted pursuant to Ordinance 250 entitled "Schedule of Environmental and Development - Related Rates and Charges" in accordance with District Code Chapter 6.30. 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. Staff estimates that increased revenue in the fee categories where fee increases are recommended will likely be balanced by decreased revenue in those fee categories where reduced fees are recommended. BACKGROUND: Chapter 6.30 of the District Code includes provisions for the Board to adopt an uncodified schedule of rates and charges for environmental and development related services provided. to contractors, developers, septic and grease waste haulers, and permitted industrial users. These services include permit counter assistance, plan review, construction inspection 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. N: \ENVRSEC \Position Papers \Miyamoto - Mills \PP Conduct Public Hearing Rates & Charges (Final) 04- 16- 2009.doc Page 1 of 2 POSITION PAPER Board Meeting Date: X4.46- -2894- May 7, 2009 subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN . UNCODIFIED ORDINANCE REPLACING EXHIBIT B ADOPTED PURSUANT TO ORDINANCE 250 ENTITLED "SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES" IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30 The State of California mandates that revenues not exceed the cost of providing services. The District's rates and charges are evaluated annually to determine whether changes are appropriate. This year, staff conducted a comprehensive review of all rates and charges that included consideration of the District's lower benefit and overhead rate, a lower vehicle usage charge, a decrease in credit card transaction costs, as well as changes to the staff time requirements for several of the rates and charges. These staff time requirements were evaluated in light of data for several prior years, changes in staffing levels, and the resource requirements of the recently - completed District Code update, which changes how some services are provided. Following its review, staff recommends that fifty -three fees remain unchanged, seven fees be increased between 6.5 to 20.6 percent, nine fees be decreased between 4.8 to 31.7 percent, one new fee for inspection of new manholes and rodding inlets be established, and the structure for Plan Review of new main sewer extension plans and Special Studies be modified to include a base fee and an hourly rate to cover staff work needed beyond a base period. Attachment 1 presents a comparison of the current and proposed rates and charges. 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 presented in the General Manager's Report at the Board's regular meeting on March 19, 2009. RECOMMENDED BOARD ACTION: Conduct the public hearing. Adopt an uncodified ordinance replacing Exhibit B adopted pursuant to Ordinance 250 entitled "Schedule of Environmental and Development - Related Rates and Charges" in accordance with District Code Chapter 6.30 (see Attachment 2). N: \ENVRSEC \Position Papers \Miyamoto - Mills \PP Conduct Public Hearing Rates & Charges (Final) 04- 16- 2009.doc Page 2 of 2 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED RATES & CHARGES FOR 2009 -10 March 2009 Fee Category Current Fee I Proposed Fee I % Change (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 (actual cost): NEW Base Fee (minimum charge) ,— $2,074 NEW NEW Each additional hour in excess of base fee — $125 NEW Special Cut Sheet Review $200 $200 no change Manhole only design & plan review $702 $843 20.1% Right of Way Document Review - IOD J Sub Map (each): $579 $579 no change Right of Way Document Review - No Changes Required $376. $376 no change Right of Way document review - Appurtenance (initial): $539 $539 no change Appurtenance (each additional) $199 $199 no change (A -2) Application Fees Basic Application (side sewer work, easement staking) $89 $89 no change Existing parcel - new sewer service $121 $121 no change New parcel - new sewer service $196 $196 no change Commercial Application $200 $200 no change Capacity Use Program ($34 increase each year for three years) $178 $212 1 19.1% (A -3) Reimbursement Accounts: Set -up fee ($70 increase each year for three years) $736 $806 9.5% Transaction fee $166 $139 -16.3% (A-4) Commercial Business Plan Review (change in RUE value) $123 $123 no change Special Studies Base fee (4 hours plus misc. costs) $504 $504 no change NEW Each additional hour — $108 NEW Source Control Review $190 $190 no change Grease Variance Review (includes site visit) Site Collector Plan Check - formerly "Commercial Development Plan Check' $32 increase each year for 3 ears $286 $187 $286 $219 no change .17.1% (A -5) Private pumping system plan. check $373 $355 -4.8% Additional Review $154 $139 -9.7% Pre - approved Pump Systems $154 $139 -9.7% Annexation Fee $574 $392 -31.7% (A -7) Special Approvals $206 $206 1 no change FINAL 2009 -10 R & C Comp zero COLA KD -jm2 03 -26 -2009 Page 1 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED RATES & CHARGES FOR 2009 -10 March 2009 Fee Category Current Fee Proposed Fee % Change (B) CONSTRUCTION INSPECTION Inspection of new sewer main construction and new connections and other sewer worts on private property (includes N inspection when appropriate). (B -1) Mainline Inspection (contributed assets): Base Fee $678 $599 - 11.7% Per Foot Charge (in street) $9.19 $9.81 6.7% Per Foot Charge (in undeveloped land) $6.35 $6.76 6.5% NEW New Manhole, Rodding Inlet — $596 NEW (B -2) Inspections by type: Side Sewer Installation / Repair per 100 feet: $137 $137 no change Single Inspection Charge (e.g. sewer connection; encroachment verification; side sewer cap on property; tap and lateral (new or replacement); air test; reinspection; homeowner preconstruction inspection) $137 $137 no change Manhole tap; lateral abandonment at main; pipe bursting; trash enclosure w/o trap; side sewer CIPP repair $274 $274 no change Manhole Alteration; trash enclosure with trap $411 $411 no change New Manhole or Rodding Inlet (private); outside pump installation $547 $547 no change (B -3) Grease / Sand / Oil Interceptor / Trap $821 Overtime inspection: $821 no change First Hour (if responding from off-site) $85 - $85 no change Every hour thereafter $58 $58 no change 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 $262 no change (B 4) Inspection of non - permitted work (+ avoided charge) $419 $286 - 31.7% FINAL 2009 -10 R & C Comp zero COLA KD -jm2 03 -26 -2009 Page 2 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED RATES & CHARGES FOR 2009 -10 March 2009 Fee Category Current Fee I Proposed Fee % Change (C) COLLECTION SYSTEM SERVICES N 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 $187 no change Minimum Charge (2 hr min) $376 $376 no change Overtime - First Hour $126 $126 no change Overtime - Each Additional Hour $105 $105 no change Overtime - Weekend / Holiday (4 hr min) $446 .$446 no change (C -2) Dye test $322 $257 -20.2% (C -3) Collection system repair Actual Expense Actual Expense no change (C4) Cancelled TV Inspection without prior notice $331 $331 no change (C -5) jSewer locating and marking $274 $213 -22.3% (D) RIGHT -OF -WAY Establishing right -of -way agreements and resolving conflicts. (D -1) Process Quitclaim Deeds $907 $907 no change Process Quitclaim Deed - plat and legal by others $551 $551 no change (D -2) Process Real Property Agreement, License, or Easement Base Fee (minimum charge) $746 $746 no change Each Additional Hour (after 2 hours) $116 $116 no change (D -3) Right -of -way Research / Encroachment Resolution Fee Actual Expense Actual Expense no change (D-4) Right of Entry / Encroachment Permit Fee (+ $23 each yr over next 3 yrs) $102 $123 20.6% (E) MISCELLANEOUS District services provided for private sewer projects. (E -1) Engineering - private sewer projects Actual Expense Actual Expense no change (E -2) Soil evaluation - private sewer projects Actual Expense Actual Expense no change (E -3) Surveying Actual Expense Actual Expense no change (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 11 "; 8 1/2" x 14 "; 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 FINAL 2009 -10 R & C Comp zero COLA KD -jm2 03 -26 -2009 Page 3 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED RATES & CHARGES FOR 2009 -10 March 2009 Fee Category Current Fee I Proposed Fee % Change (F) INDUSTRIAL PERMIT FEES Permiting and inspection of industries and other commercial dischargers to ensure availability and use of pretreatment processes. Base permit fee of Base permit fee of (F -1) Class I Fees $3,256 + cost of $3,256 + cost of District's lab District's lab no change analysis analysis Base permit fee of Base permit fee of (F -2) Class II Fees $3,256 + cost of $3,256 + cost of District's lab District's lab no change analysis analysis (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) Annual 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/g2l $58 + $0.14 /gal no change (G -3) Restaurant grease waste < 2,000 gallons $18 + �$O.. �02 l $18 + $0.02/gal no change > 2,000 gallons $58 + $58 + $0.02/ al no change ( *) Additional charges to be billed separately if staff time incurred is above that included in the base fee. -1 ( * *) Other approved waste will be charged at the residential septic and portable toilet waste rate unless actual strength characteristics are provided. FINAL 2009 -10 R & C Comp zero COLA KD -jm2 03 -26 -2009 Page 4 Attachment 2 ORDINANCE NO. 255 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING AN UNCODIFIED SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30 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 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 Rates and Charges, and WHEREAS, a properly noticed public hearing regarding the proposed Schedule of Environmental and Development - Related Rates and Charges was continued on April 16, 2009 and held on May 7, 2009, 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, Chapter 6.30 of the District Code provides the enabling authority for the District to implement the proposed uncodified Schedule of Environmental and Development - Related Rates and Charges; A 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 rates and charges are being charged merely to reimburse CCCSD for staff costs and expenses; NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does hereby ordain as follows: Section 1 (To be uncodified) The Schedule of Environmental and Development - Related Rates and Charges as set forth in full in Exhibit "A" to this Ordinance, which exhibit is hereby incorporated in full Ordinance No. 255 Page 2 of 2 herein by this reference, is hereby adopted in uncodified form pursuant to the provisions of District Code Chapter 6.30. 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 or replaced by Ordinance. Section 2 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. 250 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. 250 have 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 3 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 6, 2009. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 7th day of May 2009, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board -of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 EXHIBIT A CENTRAL CONTRA COSTA SANITARY DISTRICT SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES & CHARGES (Uncodified) This schedule of Environmental and Development - Related rates and Charges (to be effective July 6, 2009) was established by the Central Contra Sanitary District Ordinance No. 255, adopted May 7, 2009. Fee 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 (actual cost): NEW Base Fee (minimum charge) $2,074 NEW Each additional hour in excess of base fee $125 Special Cut Sheet Review $200 Manhole only design & plan review $843 Right of Way Document Review - IOD / Sub Map (each): $579 Right of Way Document Review- No Changes Required $376 Right of Way document review - Appurtenance (initial): $539 Appurtenance (each additional) $199 (A -2) Application Fees 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 ($34 increase each year for three years) $21.2 (A -3) Reimbursement Accounts: Set -up fee ($70 increase each year for three years) $806 Transaction fee $139 (A -4) Commercial Business Plan Review (change in RUE value) $123 Special Studies Base fee (4 hours plus misc. costs) $504 NEW Each additional hour $108 Source Control Review $190 Grease Variance Review (includes site visit) $286 Site Collector Plan Check - formerly "Commercial Development Plan Check" $32 increase each year for 3 ears $219 (A -5) Private pumping system plan check $355 Additional Review $139 Pre - approved Pump Systems $139 Annexation Fee $392 (A -7) . Ispecial Approvals $206 Page 1 EXHIBIT A CENTRAL CONTRA COSTA SANITARY DISTRICT SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES & CHARGES (Uncodified) This schedule of Environmental and Development - Related rates and Charges (to be effective July 6, 2009) was established by the Central Contra Sanitary District Ordinance No. 255, adopted May 7, 2009. Fee 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). (B -1) Mainline Inspection (contributed assets): Base Fee $599 Per Foot Charge (in street) $9.81 Per Foot Charge (in undeveloped land) $6.76 NEW New Manhole, Rodding Inlet $596 (B -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); air test; reinspection; homeowner preconstruction inspection) $137 Manhole tap; lateral abandonment at main; pipe bursting; trash enclosure w/o trap; side sewer CIPP repair $274 Manhole Alteration; trash enclosure with trap $411 New Manhole or Rodding Inlet (private); outside pump installation $547 Grease / Sand / Oil Interceptor / Trap $821 (B -3) Overtime inspection: First Hour (if responding from off -site) $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 (B -4) linspection of non - permitted work (+ avoided charge) $286 Page 2 EXHIBIT A CENTRAL CONTRA COSTA SANITARY DISTRICT SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES & CHARGES (Uncodified) This schedule of Environmental and Development - Related rates and Charges (to be effective July 6, 2009) was established by the Central Contra Sanitary District Ordinance No. 255, .adopted May 7, 2009. Fee Category , Amount (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 $257 (C -3) Collection system repair Actual Expense (C -4) Cancelled TV Inspection without prior notice $331 (C -5) ISewer locating and marking $213 (D) RIGHT -OF -WAY Establishing right -of -way agreements and resolving conflicts. (D -1) Process Quitclaim Deeds $907 Process Quitclaim Deed - plat and legal by others $551 (D -2) Process Real Property Agreement, License, or Easement Base Fee (minimum charge) $746 Each Additional Hour (after 2 hours) $116 (D -3) Right -of -way Research / Encroachment Resolution Fee Actual Expense (D -4) I Right of Entry / Encroachment Permit Fee (+ $23 each yr over next 3 yrs) $123 (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 Page 3 EXHIBIT A CENTRAL CONTRA COSTA SANITARY DISTRICT SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES & CHARGES (Uncodified) This schedule of Environmental and Development - Related rates and Charges (to be effective July 6, 2009) was established by the Central Contra Sanitary District Ordinance No. 255, adopted May 7, 2009. Fee Category Amount (F) INDUSTRIAL PERMIT FEES Permitting and inspection of industries and other commercial dischargers to ensure availability and use of pretreatment processes. (F -1) Class I Fees Base permit fee of $3,256 + cost of 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. Page 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 7, 2009 No.: _10..a._ Bids and Awards Type of Action: AWARD CONSTRUCTION CONTRACT /AUTHORIZE EXECUTION OF CONTRACT DOCUMENTS Subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH PAGE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF ADA AND GENERAL IMPROVEMENTS, DISTRICT PROJECT NO. 8214 Submitted By: Initiating Dept. /Div.: Dana Lawson, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: Z/ F'T ' J,= D. Lawson B. Than i A. Farre M. I neral Ma ISSUE: On April 21, 2009, six sealed bids were received and opened for the. construction of the ADA and General Improvements, District Project No. 8214. The Board of Directors must award the contract or reject bids within 50 days of the bid opening. Authorize the General Manager to execute the contract documents subject to SUBMITTAL requirements. RECOMMENDATION: Find that the project is exempt from the California Environmental Quality Act (CEQA), award a construction contract, and authorize the General Manager to execute the Contract Documents subject to favorable review of insurance certificates, bond submittals, appropriate Contractor license, and any other required submittals (SUBMITTALS). FINANCIAL IMPACTS: Approximately $405,000, including design, bid price., contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: This project is the second phase of ADA improvements. The first phase focused on the exterior of the building, which included parking spaces and handrails. This phase will improve the first floor of the building in areas that the general public is allowed to access, such as the Permit and Reception counters and restrooms. Plans and specifications for the project were prepared by Calpo, Hom, & Dong Architects and District staff. The Engineer's estimate for construction of this project is $250,000. This project was advertised on March 25 and 31. Six sealed bids ranging from $208,200 to $265,175 were received and publicly opened on April 21. N: \PESUP \Position Papers \Lawson \8214 AwardFinal.doc Page 1 of 4 POSITION PAPER Board Meeting Date: May 7, 2009 Subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH PAGE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF ADA AND GENERAL IMPROVEMENTS, DISTRICT PROJECT NO. 8214 The Engineering Department conducted a technical and commercial review of the bids and determined that Page Construction Company is the lowest responsive bidder with a bid amount of $208,200. A summary of bids received is shown in Attachment 1. The District will administer the construction contract and will provide contract administration, inspection, office engineering, and submittal review. The funds required to complete this project, as shown in Attachment 2, are $240,000. The total cost of ADA and General Improvements is anticipated to be $405,000. This project is included in the fiscal year (FY) 2008 -09 Capital Improvement Budget (CIB) on page GI -12. Staff has conducted a cash -flow analysis of the General Improvement Program budget and concluded that adequate funds are available for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15301, since it involves .minor alterations to an existing public facility. Authorization of the.construction contract for this project will establish the Board of Directors' independent finding that the project is exempt from CEQA. RECOMMENDED BOARD ACTION: Find that the project is exempt from CEQA, award a construction contract in the amount of $208,200 for the construction of the ADA and General Improvements, District Project 8214, to Page Construction Company, the lowest responsive bidder, Page Construction Company, and authorize the General Manager to execute the Contract Documents subject to SUBMITTAL requirements. NAPESUP \Position Papers \Lawson \8214 AwardFinal.doc Page 2 of 4 ATTACHMENT 1 ADA AND GENERAL IMPROVEMENTS DISTRICT PROJECT 8214 SUMMARY OF BIDS PROJECT NO.: 8214 DATE: APRIL 21, 2009 PROJECT NAME: ADA AND GENERAL IMPROVEMENTS PROJECT LOCATION: MARTINEZ, CALIFORNIA NO. OF ADDENDA: 2 ENGINEER EST.: $250,000 BIDDER BID PRICE Page Construction Company $208,200 415- 897 -1138 834 Vallejo Avenue Novato, CA 94945 ERA Inc. $212,650 510- 223 -4263 369 Cottonwood ST Vacaville, CA 95688 N. E. Carlson Construction $225,794 925 - 516 -0253 150 Middlefield Court, Suite F- Brentwood, CA 94513 Albay Construction $235,000 925 - 228 -5400 865 Howe Rd. Martinez, CA 94553 ` Amana Engineering & Construction $250,000 510- 845 -4515 930 Dwight Way, No. 10 -A Berkeley, CA 94710 Aztec Consultants $265,175 925 - 837 -5139 2021 Omega Road, Suite 200 San Ramon, CA 94583 BIDS OPENED BY /s/ Elaine Boehme NAPESUP \Position Papers \Lawson \8214 AwardFinal.doc DATE April 21, 2009 Page 3 of 4 W H cn Q Z W ~ 2 *W W I-- Z X040 ~aC) w?�� 2 0� Qa QWHO W V W ova Q�0 m Q cn a .r N O U c O 0 V \ o � o i 0 r LO M N c O U 0 O O O O O O Lf) LO O O c0 RT qe r N fA Ef3 W O O O c O CO dj LO co E Q °O °O °O o o °o °o N co O O O O O 00 r Ili CV l _ I fi N � fj3 Vy � w H w c z CL a`) w co g �w cc U W Z C c O c O °� H w Q. Z E o Q Z Q w w CA I— 0 Z C Q Z o cn .O X Z CO U) } ca Q Q o Cc Q -a oC w c o o w OO 00 W a) Fz a) O U c Z Q <n c O D W Z) O (aj J O O 0 F- >> � Ir F- U N O zO m U Z C. 0 2 U z Q Q Z U oC m � -� }, Q c W E Q J W w Q Q () •� C U Q X g X O F Q J p p~ c`n ~ W O '�_ w Z H U U m � m D O c a � 0 w Z � Z Z) W U W H Z o0 (!) U) cz -0 OU UO a CL OF- U- Q IL O r N C7 In CO f-� Z a.: U a) O i N C O E C6 a) > 4) O E E a O > O— o o � D 0 c ca C ca c 0 (m E ooc O O Q F- cz -r- o 0 3 a U � O ate' (Z 4- C: -0 U a) a) E v > i O U Q 0 m E U cz o O N O 0 > � o O Ef } Q. C >%.0) •- � N .0 CZ 7 N X O "O a) =3 Q 0-U Q C Q Z r a It O m rn c0 CL U O ro c LL OD ro Q N c O co N 3 J Q c0 CL c O .7 0_ d U) W IL nA Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 7,2009 No.: 10.b. Bids and Awards Type of Action: AWARD CONSTRUCTION. CONTRACT /AUTHORIZE EXECUTION OF CONTRACT DOCUMENTS subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH MCNAMARA & SMALLMAN CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE SOUTH ORINDA SEWER RENOVATIONS, PHASE 4, DISTRICT- PROJECT NO. 5950 Submitted By: Initiating Dept. /Div.: Alexandr Mestetsky, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: �:ec�i A. Mes etsky A. Antkowiak_ T. ' c i A. Farrell James M. Kelly, General Manager ISSUE: On April 22, 2009, seven (7) sealed bids were received and opened for the construction of the South Orinda Sewer Renovations, Phase 4, District Project No. 5950. The Board of Directors must award the contract or reject bids within 50 days of the bid opening. Authorize the General Manager to execute the contract documents subject to SUBMITTAL requirements. RECOMMENDATION: Find that the project is exempt from the California Environmental Quality Act (CEQA), award a construction contract', and authorize the General Manager to execute the Contract Documents subject to favorable review of insurance certificates, bond submittals, appropriate. Contractor license, and any other ,required submittals (SUBMITTALS). FINANCIAL IMPACTS: Approximately $2,328,000, including design, bid price, contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: The District's collection system has pipe segments that range in age from new to over 100 years. Some of the pipe segments are at or near the end of their useful life as evidenced by their need for frequent maintenance, high rate of infiltration, and /or threat of structural collapse. In 1991, the District implemented a sewer renovation program. Since that time, an annual allowance for this program has been included in the Capital Improvement Budget and Plan. The Collection System Renovation Program is fan ongoing series of projects. Candidate sewer line segments are identified, evaluated, and placed on a priority list for replacement/renovation. N: \PESUP \Cbradley \POSITION PAPERS \Mestetsky \5950- PP Award.doc Page 1 of 5 POSITION PAPER Board Meeting Date: May 7, 2009 subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH MCNAMARA & SMALLMAN CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE SOUTH ORINDA SEWER RENOVATIONS, PHASE 4, DISTRICT PROJECT NO. 5950 Collection System Operations Department and Engineering Department staff identified the candidate sewer lines. This project is the fourth phase of approximately six phases in South Orinda (see Attachment 1). The South Orinda Sewer Renovations Project, Phase 4, will renovate 11,500 linear feet of 6 -, 8 -, and 10 -inch sewer lines in southern Orinda. Construction of the sewers in easements will involve close cooperation with customers for site access and restoration. The Notice to Contractors allows the District, at its discretion, to add additional sites to the project after award of the construction contract. District staff prepared the plans and specifications for the project. The Engineer's estimate for construction of the South Orinda Sewer Renovations, Phase 4, is $1,540,000. This project was advertised on March 17 and 23, 2009. Seven (7) sealed bids ranging from $1,124,281 to $1,590,575 were received and publicly opened on April 22, 2009. The Engineering Department conducted a technical and commercial review of the bids and determined that McNamara & Smallman Construction, Inc. is the lowest responsive bidder with a bid amount of $1,124,281. A summary of bids received is shown in Attachment 2. The District will administer the construction contract and will provide contract administration, inspection, survey, office engineering, and submittal review. The funds required to complete this project, as shown in Attachment 3, are .$1,728,000. The total cost of the South Orinda Sewer Renovations, Phase 4, is anticipated to be $2,328,000. This project is included in the fiscal year (FY) 2008 -09 Capital Improvement Budget (CIB) on pages CS -32 and CS -33. Staff has conducted a cash -flow analysis of the Collection System Program budget and concluded that adequate funds are available for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15302, since it involves replacement of existing facilities at the same location and with the same purpose and level of activity as the facilities being replaced. Authorization of the construction contract for this project will establish the Board of Directors' independent finding that the project is exempt from CEQA. RECOMMENDED BOARD ACTION: Find that the project is exempt from CEQA, award a construction contract in the amount of $1,124,281 for the construction of the South Orinda Sewer Renovations, Phase 4, District Project No. 5950,' to McNamara & Smallman Construction, Inc., the lowest responsive bidder, and authorize the General Manager to execute the Contract Documents subject to SUBMITTAL requirements. NAPESUP \Cbradley \POSITION PAPERS \Mestetsky \5950- PP Award.doc Page 2 of 5 j: y AREA MAP O� 3 S� �0 ca �a l Et �� Gti 10os na Q Mara � ay I� N LEGEND: 40� a9 allay Cen Ct Dr v t � -0 Del Ray Elementary School J®- LINE TO BE REPLACED �\\ Central Contra Costa Sanitary District SOUTH ORINDA SEWER RENOVATIONS ATTACHMENT PHASE 4- LOCATION MAP it 1\ Page 3 of 5 ATTACHMENT 2 SOUTH ORINDA SEWER RENOVATIONS, PHASE 4 DISTRICT PROJECT 5950 SUMMARY OF BIDS PROJECT NO.: 5950 DATE: APRIL 22, 2009 PROJECT NAME: SOUTH ORINDA SEWER RENOVATIONS, PHASE 4 PROJECT LOCATION: ORINDA, CALIFORNIA ENGINEER EST.: $1,540,000 NO. BIDDER BID PRICE McNamara & Smallman Construction, Inc. $1,124,281 2 D'Arcy & Harty Construction $1,183,482 3 Precision Engineering $1,233,393 4 K. J. Woods Construction, Inc. $1,244,000 5 California Trenchless $1,324,579 6 Pacific Trenchless, Inc. $1,331,841 7 McGuire and Hester $1,590,575 BIDS OPENED BY /s/ Elaine Boehme DATE April 22, 2009 SHEET NO. 1 of 1 NAPESUMbradley \POSITION PAPERS \Mestetsky \5950- PP Award.doc Page 4 of 5 ■ Cl) z O M Q H � z z W z LU U� Q L1J F- Q LU M z FY 0 2 F- O C/) CJ Lf') CY) LO 0 z H LU U F- Cl) 'a1 N O U c O V e o e e o +�+ O N Q1 N C O U °o °o 0 0 ao 0 N O M N E+H O O O O O O O O r O O O O C O r- T co le O M N E r .- co 0 0 0 0 0 0 0 O ao L o O O O 0 O O O N 00 O O O O O jo O O O Iq v O O � O O In et O N M T-� N N � _y0 Ov 69 d9 EA EA bQ <R G ' 7 w N C 0 0 LLI o W >. J y CL E W O x U m W O o d C7 Q 0 0 U) * CO) W W p O O .., Q I•- C p 0 _ U * m N y a = •N z H E 0 Z m F- W O W O ��y y L z G1 r.+ p Q F' U v z w Q z L p ` g U W .O U Q W f1 f] O ca in C CD (7 c 0 = R L� } Q H m Q y m O N Q O = W Q W F .� c U `�° U) Q d O 0 `-° m N W -0 o O o O J .0 LLJ Lo V D LL y N 0 r m U H Z j w Ix V 0 Q C c 7 a1 0 c ~O y� U a c C. ~O W = O U U a � o U '0� a) IQ- w a U) v j z o' W U O vai to z to D p m m Q o 0 W O N O y w R ci O0 z Qa a U U a a y LL Z N M tD io m C7 w 0 LO N co CL Green Business Certification Agenda Item 11. a. 1) Contra Costa Green Business Program Process -s- RIA Central San Green Team Next Steps Ck, Agenda Item 11.a.2) Board Meeting of May 7, 2009 Written Announcements: Financial Items a) Truck Replacement Grant Possibility CSO staff is pursuing a possible grant for replacement of older, diesel trucks with newer trucks with improved air emissions. The grant source is federal economic stimulus money. The possible funding is up to 25% of the value of a truck. The vehicles that are candidates are our two oldest hydro cleaning trucks. The cost of the most recent hydro cleaning truck was approximately $400,000. The Board would have to authorize another purchase that has been postponed for several years at a June 2009. Board Meeting to take advantage of the grant. More detailed information will be provided as availability of the grant is determined. Staff Out -Of -State Travel b) Staff Travel to Florida to Inspect New CCTV Trucks CSO Field Operations Superintendent Don Rhoads and Maintenance Supervisor Tifton Gantt will travel to Orlando, Florida on May 11 and May 12, 2009 to inspect a new CCTV Equipment Truck. They are best able to evaluate the new truck since Don prepared the specifications and Tifton developed the layout of equipment in the van. CUES also manufactured CSO's other two CCTV inspection trucks. The new truck was authorized in the FY 2008 -09 Equipment Budget as a dedicated Perma -Liner vehicle. The truck is nearing completion and should be inspected prior to delivery for_quality assurance. The estimated cost of travel is $900. C) Meetings /Events North Gate Area Parcel Annexations As part of the ongoing program to process the backlog of annexation petitions and eliminate islands in the District's service area, staff proposes to annex seventy -seven North Gate area parcels comprising approximately 161 acres. North Gate is an unincorporated area of Contra Costa County, east of the City of Walnut Creek and north of Mount Diablo State Park. A Draft Negative Declaration addressing the environmental effects of this annexation is available for public review from April 29 to May 29, 2009. A copy of the Draft Negative Declaration has been included in each Board Member's meeting packet. A public hearing on this project is planned for the June 18, 2009 Board meeting. To provide North Gate area property owners the opportunity to learn more about the annexation and sewering processes, staff will hold a drop -in Open House on Monday, May 18, 2009, from 7 p.-m. to 8:30 p.m. at the Ygnacio Valley Library Community Room locate at 2661 Oak Grove Road in Walnut Creek. Bid Announcement/ Project Related Updates d) Lafayette Sewer Renovations (Phase 6), DP 5958 The Lafayette Sewer Renovations Project, Phase 6, is part of the ongoing Collection Systems Renovation Program. Multiple phases of sewer renovations are planned for Lafayette. The project will replace approximately 13,000 linear feet of 6 -, 8- and 12 -inch sewer lines within public right -of -way and easements in Lafayette and one site in Orinda. Open -cut, pipeburst, cured -in -place pipe and horizontal directional drilling methods will be used. This project will be advertised on May 12 and 19, 2009., Bids will be opened on June 2, 2009. The construction cost is estimated at $1,800,000. More information will be presented when the Board is asked to approve the construction contract on June 18, 2009. Inspections e) Biennial Title V Air Permit Inspection Bay Area Air Quality Management District (BAAQMD) inspector Raymond J. Salalila conducted the bi- annual inspection of the treatment plant on April 29 and 30, 2009, for compliance with the District's Major Facility Review (Title V Air) Permit. On April 29th, Mr. Salalila: • Reviewed air source test reports for cogeneration, Multi -Hearth ,Furnace (MHF) No. 1, MHF, No. 2, Auxiliary Boiler No. 1, and Auxiliary Boiler No. 2. • Examined run -time records for the standby power diesel engines and one portable, diesel- driven pump. • Reviewed selected operational data for compliance with permit conditions and reporting. • Conducted a physical inspection of the treatment plant for odors. • Spot- checked the landfill gas distribution system for leaks. Mr. Salalila returned to the District on the afternoon of April 30th to review opacity excursion data and provide operating staff with the results of his inspection. Mr. Salalila determined that the District was in compliance with all Title V Air Permit conditions. Agenda Item 11.a.2) Board Meeting of May 7, 2009 Additional Written Announcements: . Meetings /Events f) Lafayette Sewer Renovation (Phase 6) Project Public Workshop The District will host a public workshop on Thursday, May 14 from 7 p.m. to 8 p.m. The meeting will be held at Burton Valley Elementary School located at 561 Merriewood Drive in Lafayette. The project will replace /rehabilitate approximately 13,000 feet of 6, 8 and 12 -inch sewer pipe at several different sites in Lafayette and Orinda using open cut, pipe- bursting, and horizontal directional drilling methods. Staff has already spoken to 41 residents who will be affected by easement work on their property. QUARTERLY MEETING OF THE CONTRA COSTA SPECIAL DISTRICTS ASSOCIATION Date: Monday, April 20, 2009 Time: 6:00 p.m. Meeting 8:00 p.m., Dinner (Optional) Location: Pleasant Hill Community Center 320 Civic Drive, Pleasant Hill Dinner: $24.00 (meal optional - immediately following meeting) AGENDA i I. A, > 6:00 p.m. Welcome and Introductions (Please keep your District's introductions under two minutes) 6:15 p.m. Approval of January 26, 2009, minutes 6:20 p.m. Guest Speaker: 7:25.p.m. Committee Appointments Mark Cornelius, Snyder, Cornelius & Hunter A. Program Committee B. Bylaw Committee C. Membership Directory Committee 7:35 p.m. Other Business: Next scheduled CCSDA meeting: July 20, 2009 10:00 a.m. (Optional - Lunch immediately following meeting) Pleasant Hill Community Center 320 Civic Drive, Pleasant Hill, CA 7:40 p.m. Adjourn r v i i Dan Borenstein, Political Editor, Contra Costa Times Topic: Pension, Benefits and Sustainability 6:50 p.m. LAFCO Representative Report: Dwight Meadows, Contra Costa Resource Conservation District 6:55 p.m. Legislative Committee Report Stan Caldwell, Mt. View Sanitary District 7:00 p.m. East Bay Regional Park District — Park Advisory Committee Report E. J. Shalaby, West County Wastewater District 7:05 p.m. CCSDA Financial. Report: Mark Cornelius, Snyder, Cornelius & Hunter 7:10 p.m. California Special Districts Association Activities Update: Sherry Sterrett, Pleasant Hill Recreation & Park District 7:15 p.m. Mayors' Conference Report: John Burgh, Contra Costa Water District 7:20 p.m. Public Employee Total Compensation Information Update Paul Soltow, West County Wastewater District 7:25.p.m. Committee Appointments Mark Cornelius, Snyder, Cornelius & Hunter A. Program Committee B. Bylaw Committee C. Membership Directory Committee 7:35 p.m. Other Business: Next scheduled CCSDA meeting: July 20, 2009 10:00 a.m. (Optional - Lunch immediately following meeting) Pleasant Hill Community Center 320 Civic Drive, Pleasant Hill, CA 7:40 p.m. Adjourn r v i i 11J Central Contra Costa Sanitary District Board Meeting May 7, 2009 Board Member McGill Item 11.d.1) FUTURE MEETINGS AND CONFERENCES WITH PAID EXPENSES AND /OR STIPEND Will attend the Mayors' Conference with State Controller, John Chiang, Hercules, CA, May 7, 2009 Will attend Mayors' Conference June 4, 2009 Future Committee Meetings: Recycled Water, May 12, 2009 �M i j MEETINGS AND CONFERENCES THAT EXPENSES AND /OR STIPEND WAS PAID CASA Conference, Napa, CA April 29 to May 1 Attended general sessions (see program) on Thursday and Friday morning. Attended Attorneys' Committee Meeting Friday afternoon. Please let me know if you would like to peruse any of the material from these sessions or Committee meeting. Committee Meetings Outreach, May 6, 2009 Item l Ld.3 Announcements Will attend Contra Costa Council Land Use Task Force Meeting May 13, 2009 Will attend John Coleman' s, EBMUD, `yard Briefing May 14, 2009 Will attend Contra Costa Council Water Task Force fleeting May 19, 2009. Ll.d.2)a) Central Contra Costa Sanitary District April 30, 2009 TO: THE HONORABLE BOARD OF DIRECTORS VIA: JAMES M. KELLY, GENERAL MANAGER ANN FARRELL, DIRECTOR OF ENGINEE G CURT SWANSON, ENVIRONMENTAL SERVICES DIVISION MANAGER 0.4 FROM: JARRED MIYAMOTO- MILLS, PRINCIPAL ENGINEER SUBJECT: TIME FOR COLLECTION OF CONNECTION FEES Issue: The homebuilding community is contacting counties, cities and special districts requesting that each agency consider deferring collection of impact fees to the close of escrow for new homes, rather than continuing the current practice of collecting these fees when a building permit is issued or utility service connections are made. Homebuilders hope that this effort will improve their cash flow situation in the face of the current recession. Board President Jim Nejedly has requested that the Board discuss recent requests from homebuilders calling for the District to defer collection of all of its connection fees to the close of escrow, rather than collecting these fees when a connection permit is issued just prior to actual physical connection of house plumbing to the public sewer. State law allows the District to either continue its current practice or choose a later time for collection of connection fees. The agenda for the Board's regular meeting on May 7, 2009 includes an item for discussion of the connection fee collection time issue. Staff will be available to answer questions during the discussion. Introduction: Many agencies collect service and impact fees from builders when the city or county building permit is issued. The District's practice, however, has always been to collect application, permit, capacity, annexation, inspection and reimbursement fees (collectively referred to as "Connection Fees ") when the "Permit to Connect" is issued. It is notable that the largest of these fees, those for capacity and reimbursement, are calculated as a "buy- in -to- existing facilities" not as a prospective payment for future facilities expansion. I have attached a chart that shows a timeline for permitting and construction of a typical home in new subdivision. In the chart, I have indicated possible alternative times for collection of connection fees that could be considered. In this memo, I will discuss the advantages and disadvantages of the District's current practice and the possible alternative times for fee collection. Time for Collection of Connection Fees Page 2 of 3 April 30, 2009 Current Policy: The District Code requires that connection fees be paid prior to issuance of the Permit to Connect. To minimize the likelihood that the building sewer will be damaged and to prevent discharge of construction debris to the public sewer system, a Permit to Connect will not be issued until the builder has completed the building's roof and rough plumbing inspection. The builder decides when to connect between the "roof -and- rough" stage and final building department inspection prior to issuance of the "Certificate of Occupancy." Stated another way, under the current policy, builders can defer their fee payments by choosing a later time for connection. Under the current policy it is relatively easy and inexpensive to ensure that fees and charges are collected prior to the builder receiving inspection and wastewater utility services. Alternative Times for Collection of Connection Fees: It would be possible to defer collection of some Connection Fees to a later point in time. Possible alternatives are: • After water meter installation; • Prior to city or county Building Department "Final Inspection;" • After "Final Inspection" and prior to "Certificate of Occupancy;" • At Close of Escrow (for completed but unsold new homes). In order to collect fees triggered by water meter installation, it would be necessary to develop agreements for each of the four water utilities to either, 1) collect CCCSD fees at the same time as water system connection fees, or 2) notify us when meter installation is requested so the District could send a bill to the builder. If collection of fees triggered by Final Inspection or Certificate of Occupancy were to be implemented, it would be necessary to develop agreements with each of the seven county and city building departments for them to notify us of requests for or completed Final Inspections or issuance of Certificates of Occupancy so the District could send a bill to the builder. If deferral of fee collection until Close of Escrow were to be implemented, it would be necessary to develop a standard recordable document to require that any unpaid fees be paid in escrow when the property is sold. Implementing any of these alternatives would require that the District depend on others to notify us of pending or completed triggering actions. Staff time would be needed to develop the agreements, administer a new billing and collection process, and monitor and audit the notifications from other agencies. It is possible that some builders may be unable to pay fees closer to the end of a project due to a lack of funds, unavailability of credit, foreclosure or bankruptcy. Such a situation would complicate the collection process, since the building would already be connected to public sewer and receiving sewer service. N: \ENVRSEC \Position Papers \Miyamoto- Mills\2009 \Memo Time for Collection of Fees -2nd Rev. 05- 07- 2009.doc Time for Collection of Connection Fees Page 3 of 3 April 30, 2009 Summary: Under the current policy, nearly all connection fees are paid when due. The District receives payment of fees just before providing inspection and sewer services. The administration of the program is relatively easy and inexpensive. Any of the possible alternatives for later collection of connection fees would require additional staff effort to develop agreements, administer a new billing and collection process and monitor the notifications needed from other agencies. There is a higher risk of delinquencies because of the need to depend on others to notify us of triggering events, and the possibility that some builders may not make timely payments when billed. The effort required to collect delinquent fees once a building has been connected is difficult and time consuming, particularly if the property has been sold in the interim. In addition, it may be inequitable to bill a subsequent property owner directly, or place a delinquent fee on the tax roll, when a builder fails to pay fees when due. JM2 /nap Attachment N: \ENVRSEC \Position Papers \Miyamoto- Mills\2009 \Memo Time for Collection of Fees -2nd Rev. 05- 07- 2009.doc .O V �I U �I V V L O 06 4- 0 0 0 c O U c 0 U) 0 E C) u N d w U O m cc L 0 as E c d L L U L t O c O � v O U o d E O co O fA W +r V L m v O m O O w O N L m � c O ++ 0 a1 d _O U N 0 O O O L d L- w ^N LL � L U) . O U) O a O C � N a< < U > W w U Z5 `� N m FL O O U LL N O 06 4- 0 0 0 c O U c 0 U) 0 E C) u N d w U O m cc L 0 as E c d L L U L t O -- 0 ase4d N t i•• c O 2 d co O v � m O w N aNi tD ^N LL � L DO C � a< > W w U N m FL O E N -- 0 ase4d N t i•• c O 2 V fj - i Item 11.d.2)a) Central Contra Costa Sanitary District Time for Collection of Connection Fees Board Discussion May 7, 2009 Jarred Miyamoto -Mills Principal Engineer Recent Legislation • AB 2604 - Added a new subsection (g) to Government Code Section 66007: " A local agency may defer the collection of one or more fees up to the close of escrow..." - Allows continuing CCCSD's current practice. • Shapell Homes and the Homebuilders Association has requested that CCCSD defer collection of all of its connection fees to "close of escrow." 1 Possible Time for Collection • Connection Permit Issuance (Current Practice) • Water Meter Installation • Final Building Department Inspection • Close of Escrow IV 2 4 .r Current Practice • No fees are charged when CCCSD sets up a wastewater utility service application and stamps plans prior to the county or city building department's review of plans. • Connection Fees are due when the connection permit is issued (just before actual physical connection to public sewer), as allowed under Government Code Section 66007. Current Practice • Builder chooses timing for connection: - CCCSD does not allow connection before building passes Building Department's "rough plumbing" and roof inspection. - Connection required prior to Building Department's Final Inspection. 3 Current Practice • Connection Fees include: - Application /Permit Fee; - Capacity Fee (Buy -in to current assets); - Annexation Fee; - Inspection Fees; - Reimbursement Fees, if applicable. - Remainder of first year Sewer Service Charge • Amount of fees: $5,500 to $8,500 per RUE plus Reimbursement Fees, if applicable. Advantages of Later Collection • Improves builder's cash flow somewhat depending on the actual time period between physical connection to public sewer and close -of- escrow. 6A Ell k r Al Disadvantages of Later Collection • Connection to public sewer may be used prior to payment of fees. County or city Building Departments and /or water districts may not notify CCCSD of final inspection or water meter installation. • Fees due may not be identified in escrow. Disadvantages of Later Collection (continued) • Developer may be unable to pay fees due to lack of funds, unavailability of credit or bankruptcy. In this situation, the buyer would be required to pay the fees. • CCCSD's cash flow would be somewhat poorer depending on the actual time period between physical connection to public sewer and close of escrow. E v Questions... . ll.d.2)b) Central Contra Costa Sanitary District April 23, 2009 TO: HONORABLE BOARD OF DIRECTORS VIA: JAMES M. KELLY, GENERAL MANAGER ANN E. FARRELL, DIRECTOR OF ENGIN RING ore FROM: CURTIS W. SWANSON, ENVIRONMENTAL SERVICES DIVISION MANAGER SUBJECT: DRAFT LETTER IN SUPPORT OF EBMUD WATER SUPPLY MANAGEMENT PROGRAM 2040 Board Member McGill requested that the District consider sending a letter to East Bay Municipal Utility District (EBMUD) in support of the Preferred Alternative for their Water Supply Management Program 2040. Staff has prepared the attached letter of support for Board review. Staff requests comments and guidance on the content of the letter. The EBMUD Preferred Water Supply Alternative includes a broad and flexible portfolio of water supply options to meet the anticipated demand of 280 million gallons per day (MGD) in 2040. The preferred options include additional storage at Pardee or other existing reservoirs, water conservation, water recycling, groundwater storage, water transfers, and desalination. The plan also includes a rationing effort during periods of drought to reduce water demand by 10 percent. Under the Preferred Alternative, water recycling is an important element of the water portfolio. As proposed, water recycling will increase from 9.3 MGD by an additional 11 MGD for a total of 20.3 MGD. The draft letter requests that EBMUD consider the CCCSD Martinez Refinery Recycled Water Project as part of their water supply portfolio. While these refineries do not use EBMUD water, use of recycled water could free up to 20 MGD of potable water that could be transferred from Contra Costa Water District to EBMUD through existing interties in eastern Contra Costa County or at Freeport along the Sacramento River. The Draft EIR for the EBMUD Water Supply Management Program 2040 is in the review stage now. Comments are due by May 4, 2009; however, EBMUD is willing to accept a letter of support for the program after this date. Staff has sent a separate letter to EBMUD with technical comments about the Draft EIR. Attachment NAENVRSEC \Position Papers \Swanson\2009 \EBMUD WSMP 2040 Comment Itr. Rev4 -23 -09 (Final BMtg 5- 7- 09).doc May 7, 2009 Mr. Tom Francis, PE Senior Civil Engineer East Bay Municipal Utility District 375 Eleventh Street, MS 407 Oakland, CA 94607 -4240 Dear Mr. Francis: !T ,a d' § Y. ., DRAFT EIR FOR WATER SUPPLY MANAGEMENT PROGRAM 2040 FAX: (925) 228 -4624 JAMES KELLY General Manager KENTON L. ALAI Counsel for the District (510) 808 -2000 ELAINE R. BOEHME Secretary of the District Central Contra Costa Sanitary District ( CCCSD) staff has reviewed the Draft EIR for the East Bay Municipal Utility District (EBMUD) Water Supply Management Program 2040. The Water Supply Management Program seeks to .accommodate planned growth in the EBMUD service area and an anticipated decrease in water supplies' due to climate change. For reasons detailed below, CCCSD supports the Preferred Alternative described in the Draft EIR. The Draft EIR identifies a portfolio of water resources that includes increased storage, water transfers, conservation, desalination, and water recycling that could supply a projected demand of 280 million gallons per day (MGD) in 2040. In periods of drought, the Water Supply Management Program 2040 calls for a 10 percent level of rationing to extend water supplies. An important reliable and renewable element of the 2040 water supply portfolio is recycled water. EBMUD has developed industrial and irrigation recycled water projects along the eastern shores of the San Francisco Bay Area and in the San Ramon Valley. EBMUD already provides, or by 2010 will provide, a total of 9.3 MGD of recycled water. Under the Preferred Alternative, EBMUD proposes to increase the use of recycled water by an additional 11 MGD by 2040. Because EBMUD's water service area overlaps approximately two thirds of CCCSD's service area, CCCSD is a potential source of recycled water for landscape irrigation or other possible uses. The Draft EIR identifies the Reliez Valley Recycled Water Project as a potential project depending on costs and demand. - In addition, golf courses and large NAENVRSEC \Position Papers \Swanson\2009 \EBMUD WSMP 2040 Comment Itr. Rev4 -23 -09 (Final BMtg 5- 7- 09).doc Mr. Tom Francis Page 2 / May 7, 2009 DRAFT water users that are not located near the CCCSD treatment plant could obtain recycled water from satellite treatment facilities using wastewater from the CCCSD collection system. Finally, EBMUD and Dublin San Ramon Services District will be supplying recycled water to southern portion of the CCCSD service area through the San Ramon Valley Recycled Water Program. One of the components of the Supplemental Water Supply Option listed in the Draft EIR is water transfers. A possible water transfer not specifically listed in the Draft EIR involves development of a project to supply recycled water from CCCSD's wastewater treatment plant to nearby industries. These industries currently use raw water from, Contra Costa Water District (CCWD). By using recycled water for cooling tower and other purposes at the industries, up to 20 MGD of water could be made available for other uses. Some of this water could be transferred to EBMUD through the Freeport Regional Water Project intertie or the existing intertie between EBMUD and CCWD facilities located in eastern Contra Costa County. To implement the industrial recycled water project, new institutional arrangements and treatment facilities for ammonia removal, demineralization and filtration would be needed. The pipelines and storage tanks to deliver recycled water to the industries are already in place. If you would like additional information about the refinery recycled water project, please contact Curtis Swanson, Environmental Services Division Manager at (925) 229 -7336. Again, CCCSD supports the Preferred Alternative developed by EBMUD to provide sustainable and reliable water supplies, and we respectfully request the possible water transfer we described above be considered as part of that alternative. Sincerely, James M. Kelly General Manager JMK:CWS /nap cc: CCCSD Board of Directors NAENVRSEC \Position Papers \Swanson\2009 \EBMUD WSMP 2040 Comment Itr. Rev4 -23 -09 (Final BMtg 5- 7- 09).doc P i 7 1 N J 0 0 N 0 f� L n U U) 0 i Co co w co +-+ V) O A U Co W, LJ cc �F, u V O O N c� 9 .M �A. hl e ♦ i N E co o L co 0 E CL CL a CL U) L j co m W U U) 0 i Co co w co +-+ V) O A U Co W, LJ cc �F, u V O O N c� 9 .M �A. hl e ♦ i C\j All Q u --------- -------- ee----------- dC' N E O L 0 ea m CL N L 1 ^3 W ■N" ma O 0) ■� c a (n U C6 70 C�a O N }, E O L O >' V U •� co O O •U ' U) O O U O (a O E cL N O .E •�_ U 4-0 L •E c- • — c _0 0 E aD O C: :3 N +r co o >'' j — Q co c L E ca ' Cll c >, L O (� vi ?' co J U 4= O o U 06 oa W co O cy)= Q O O 0 U Q NU W O �U cu cQ0 ca- u�° coLu °� O t0 O U Q O O w a. co N E O L W (n � 20 2 0 O C: � O c� � U 'U N_ O'E c _0 c co �a) c � O i O c Q O Q N O U O O o� Q L O N O w E ^a) O ■ co 0 N L 0 a E m CL to L c� vm W mc x U a U) > 4-j U) O U) = E L U- 0 O cu � Q �Co CM O .-. O m 4— 0 U N E U- �Oy L L � � LL ; � Q cr Ov U) p •� �ca� N >O co =3 00- 4-0 O c � 2 = co • N2wO T- 00 J Z :E ■ ■ ■ _0 cn Co O a) a) E •G �CD �Co CM O N C: O O O co (o U _ N N =3v)co Q N >O 000-0 ■ ■ 0 N r N r O N G! O L O E d t8 O A Q. 3 L 3 VrA W U ■ E 0 y m ■ a� 0 E 0 z ■ H soot 90OZ ZOOZ 6661 9661 E661 0661 2961 V961 1961 s261 9161 ZZ61 L 6961 9961 E961 0961 2961 V961 1961 9V61 9tr61 ZV61 6E61 9E61 EE61 OE61 ZE61 VZ61 1261 0 G d m co � C14 o CO co C'J N r r co O O O (4aa3 uoqm id) _moJ4 I4.ni1em an .is O O N E L O L a 0 E m ca m 2 L a CL 3 L 3 wm W c O O LE a o n o � o Ll i co CO N N ((3E)w) [pV `Indus uia;sAS CD n o o N o co CN o N 0 C3 N 0 N O m L tl COX `� ,� SB,q � � Y p �4 t Q 4 n Cr 19 21 E aj C 03 R E 31 UA to ur CD Im (o CD CL z �, �J r - -J (D C xe .1 m n m a 0 3 B N c P `o y R E a t Tn v n U) m a � E O o .. a a w m O �W �m W�Z OIL zw ¢mQo�iw wOUpm a Uw w� U° a Z ° Q a LL r ZLL?O ° Faizm ° >waQ w°°'ao Uzi �UVOLL N } LL O it Ir ��<OU F O o c M ° W � O � y- � o �+ N � 0 L o a 1 �1 L 1 ----- - - - - -- a a wL W 3 M G R �Y W c m c p u a .. com .... . C o u OmC ay oaama o°a�`o�o.a"a a a�6� d 5 .1 m n m a 0 3 B N c P `o y R E a t Tn v n U) m a � E O � L4 a a w m OU jQ a �W �m W�Z OIL zw ¢mQo�iw wOUpm a Uw w� U° a Z ° Q a LL a� a N _co i c m 8 co 0 0 m m U 0 Q N L a E a L 3 v� W W O L 0. O O > cu O � J � N E E n0 E I. _ ^` c CO O L (n �I � U O E U- -1.. O 4-0 -0 NI- � E N O 0 0— W ■ U 0 ca i (D co E +-' f-1 C L w w E > C: O O-0 ' CO C O O _ Cj O O �E 4 o � U nL ^0 ■ .(n U CQ Q ^L W W ^L W O U W E O n0 I..L ■ 0 cc CD E L O co co U U E a, cm (U (o U � T O N J � m ■ ■ ■ m O N 0 L d E c� m i CL 3 a� vm W M C■ U) Z co G _O U O I..L E E O U N c� ^W ^^W E O U E U O 0 _O I..L C/) co LL O CQ U N U 06 E E O U U cu O m cr M _ O W O _ N CO LL -7 O co W U W Cl- 0 L Q W L U O 06 T) �U 0 0- co co 0 a D W U O co L co U Q 0 L a� L- 0 L- 0 c c� ^L^,, cu ^L^`` cu _N U U 06 O co L O U co a D llm�l O T O _co m N E N cm co C co L co co co L 0