HomeMy WebLinkAbout05.a.1) Public hearing re Schedule of Environmental and Development-Related Rates and Charges5 a. I)
CENTRAL CONTRA COSTA SANITARY DISTRICT
PUBLIC HEARING TO RECEIVE COMMENTS AND CONSIDER A
PROPOSED ORDINANCE TO ADOPT AN UNCODIFIED
"SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT - RELATED RATES AND CHARGES"
SUGGESTED AGENDA
APRIL 19, 2012
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 including the following findings (four affirmative
votes are required for adoption):
• The District incurs substantial costs to provide environmental and
development - related services.
• It is necessary to charge customers and other users to recover the
reasonable cost of providing the services.
• The proposed rates and charges reasonably represent the actual
District costs to provide the services.
• The proposed fees, rates, and charges are exempt from the California
Environmental Quality Act (CEQA).
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 19, 2012
Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS AND
CONSIDER ADOPTING AN UNCODIFIED ORDINANCE REPLACING THE
"SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND
CHARGES" ADOPTED PURSUANT TO ORDINANCE 264 IN ACCORDANCE WITH
DISTRICT CODE CHAPTER 6.30
Submitted By: Initiating Dept. /Div.:
Earlene Millier, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION :._ -,
a r.. i �
E. Millier T. Godsey J. ,amoto -Mills K. Alm Ann E. Farrell
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 ordinance replacing the
uncodified "Schedule of Environmental and Development - Related Rates and Charges"
adopted pursuant to Ordinance 264 in accordance with District Code Chapter 6.30.
FINANCIAL IMPACTS: The proposed 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 be modest.
BACKGROUND: Chapter 6.30 of the CCCSD Code includes provisions for the Board
to adopt an uncodified schedule of rates and charges for environmental and
development - related services provided to property owners, 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 public main line extensions, addition of new sewers, parcels, and permit
information to CCCSD maps, administration of source control permits and inspections,
and septic and grease hauler permitting, sampling and treatment. The State of
California mandates that revenues from fees, rates and charges not exceed the cost of
providing services. Following its review, CCCSD staff recommended that rates and
charges be revised to include: 1) adjustment for increased salaries, benefits and
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Page 1 of 3
POSITION PAPER
Board Meeting Date: April 19, 2012
subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS AND
CONSIDER ADOPTING AN UNCODIFIED ORDINANCE REPLACING THE
"SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND
CHARGES" ADOPTED PURSUANT TO ORDINANCE 264 IN ACCORDANCE WITH
DISTRICT CODE CHAPTER 6.30
overhead; and 2) adjustment of the mileage rate for those charges that include a
mileage factor.
For 2012 -13, staff recommends changes to the Schedule of Rates and Charges based
on a 2.0% cost of living adjustment to staff salaries, an administrative overhead
percentage of 194% of direct salary cost (twelve percent higher than the 173%
overhead rate applicable in 2011), and a vehicle mileage rate of $0.325 per mile (non -
depreciation costs only). A comparison of current and staff - recommended rates and
charges is presented in Exhibit A to the attached Ordinance.
Staff conducted a coordinated outreach program to inform and solicit input from
interested customers regarding the proposed Environmental and Development - Related
Rates and Charges. Notices of the public hearing were posted and published in the
Contra Costa and San Ramon Valley Times. In addition, approximately 254 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. Staff also scheduled a meeting on
April 10, 2012 at 2:00pm to provide an opportunity for the customers to discuss the
proposed fees, rates and charges. No customers attended the meeting. 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 Budget and Finance Committee reviewed the proposals at its March 12, 2012
meeting and recommends setting the public hearing date. Staff will discuss the results
of the outreach program and the proposed fees, rates and charges with the committee
at its April 16, 2012 meeting.
RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments
regarding a proposed ordinance to adopt an uncodified "Schedule of Environmental and
Development - Related Rates and Charges." Adopt the proposed ordinance including
the following findings:
The District incurs substantial costs to provide environmental and
development - related services.
It is necessary to charge customers and other users to recover the
reasonable cost of providing the services.
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Page 2 of 3
POSITION PAPER
Board Meeting Date: April 19, 2012
subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS AND
CONSIDER ADOPTING AN UNCODIFIED ORDINANCE REPLACING THE
"SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND
CHARGES" ADOPTED PURSUANT TO ORDINANCE 264 IN ACCORDANCE WITH
DISTRICT CODE CHAPTER 6.30
The proposed rates and charges reasonably represent the actual District
costs to provide the services.
The proposed fees, rates, and charges are exempt from the California
Environmental Quality Act (CEQA).
Four affirmative votes are required for adoption.
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Page 3 of 3
ORDINANCE NO. 271
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 (Board) 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, the Board finds that 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, 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;
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
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.
Ordinance No. 271
Page 2 of 2
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. 264 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. 264 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 and San Ramon Valley Times, newspapers of general circulation,
published and circulated within the Central Contra Costa Sanitary District and shall be
effective as of July 2, 2012.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 19th day of April 2012, 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, CMC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
EXHIBIT A
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF CURRENT & PROPOSED RATES & CHARGES FOR 2012 -13
(uncodified)
This schedule of Environmental and Development - Related rates and charges (to be effective july 5, 2011 July 2, 2012) was established by the Central
Contra Costa Sanitary District Ordinance No. 264 "_';" adopted "^°may 6, 2011 April 19, 2012.
Fee Category
Current Fee
Proposed Fee
(A) DEVELOPMENT AND PLAN REVIEW
Review of new sewer plans and related documents; review of plans for and processing of residential and commercial permit
applications; installer reimbursement of sewer construction costs from subsequent connectors; identification of right -of -way
conflicts.
(A -1)
Development Review:
Mainline Plan Review (actual cost):
Base Fee (minimum charge)
$272 -22
$2,350
Each additional hour in excess of base fee
$ -134
$142
Special Cut Sheet Review
$'=42
$225
Manhole only design & plan review
$904
$956
Right of Way Document Review - IOD / Sub Map (each):
$606
$641
Right of Way Document Review - No Changes Required
$396
$421
Right of Way document review - Appurtenance (initial):
$542
$573
Appurtenance (each additional)
$240
$222
(A -2)
Application Fees
Overflow Protection Device Installation (OPD only)
no charge
no charge
Side Sewer Cleanout installation (to facilitate installation of OPD only; permit not
upgradable)
$25
$25
Basic Application (side sewer work, easement staking, permit renewal)
$103
Existing parcel - new sewer service
$132
$140
New parcel - new sewer service
$222
$235
Commercial Application
$200
$211
Capacity Use Program
$2 -0
$316
Capacity Fee Installment Program and Promissory Note Program
$280
$316
(A -3)
Reimbursement Accounts:
Set -up fee
$946
$1,022
Transaction fee
$449
$158
(A -4)
Special Studies
Base fee (4 hours plus misc. costs)
$533
$563
Each additional hour
$145
$122
Source Control Review
$250
$280
Grease Variance Review (includes site visit)
$304
$319
Site Collector Plan Check - formerly "Commercial Development Plan Check"
$283
$305
(A -5)
Private pumping system plan check
$680
$402
Additional Review
$149
$158
Pre - approved Pump Systems
$449
$158
Annexation Fee
$400
$424
(A -7)
Special Approvals
$228
$233
Revised: 4/11/2012 Exh A Rates & Charges 2012 -13 Rev Draft Page 1
EXHIBIT A
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF CURRENT & PROPOSED RATES & CHARGES FOR 2012 -13
(uncodified)
This schedule of Environmental and Development - Related rates and charges (to be effective '� ly 5, 2011 July 2, 2012) was established by the Central
Contra Costa Sanitary District Ordinance No. 264 271, adopted May-5,2444 April 19, 2012.
Fee Category Current Fee I Proposed Fee
(B) CONSTRUCTION INSPECTION
Inspection of new sewer main construction and new connections and other sewer work on private property (includes TV
inspection when appropriate).
(B -1)
Mainline Inspection (contributed assets):
Base Fee
$637
$669
Per Foot Charge (in street)
$4448
$10.70
Per Foot Charge (in undeveloped land)
$7 08
$7.35
New Manhole, Rodding Inlet
$633
$673
(B -2)
Inspections by type:
Overflow Protection Device installation (OPD only)
no charge
no charge
Side Sewer Cleanout installation (to facilitate installation of OPD only)
$50
$50
Side Sewer Installation / Repair per 100 feet:
$452
$162
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)
$4,52
$162
Manhole tap; lateral abandonment at main; pipe bursting; trash enclosure w/o
trap; side sewer CIPP repair; outdoor grease trap only
$304
$324
Manhole Alteration; trash enclosure with trap; grease interceptor abandonment
$456
$486
Outside pump installation
$456
$486
New Manhole or Rodding Inlet (private)
$608
$648
Grease / Sand / Oil Interceptor
w
$972
(B -3)
Overtime inspection:
First Hour (if responding from off -site)
$03
$95
Every hour thereafter
$62
$64
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
$27-9
$287
(B -4)
I Inspection of non - permitted work (+ avoided charge)
$304
$324
Revised: 4/11/2012 Exh A Rates & Charges 2012 -13 Rev Draft Page 2
EXHIBIT A
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF CURRENT & PROPOSED RATES & CHARGES FOR 2012 -13
(uncodified)
This schedule of Environmental and Development - Related rates and charges (to be effective july T July 2, 2012) was established by the Central
Contra Costa Sanitary District Ordinance No. 264 271, adopted May 5, 2011 April 19, 2012.
Fee Category Current Fee I Proposed Fee
(C) COLLECTION SYSTEM SERVICES
TV inspection of sewers conducted separate from a construction inspection activity; verification of sewer location and sewer
service connection.
(C -1)
TV Inspection:
Weekday, hourly rate
$2-8
$212
Minimum Charge (2 hr min)
$408
$424
Overtime - First Hour
$ 47
$139
Overtime - Each Additional Hour
$440
$113
Overtime - Weekend / Holiday (4 hr min)
$467
$478
(C -2)
Dye test
$257
$267
(C -3)
Collection system repair
Actual Expense
Actual Expense
(C -4)
Cancelled TV Inspection without prior notice
$352
$374
(C -5)
Sewer locating and marking
$22-7
$240
(D) RIGHT -OF -WAY
Establishing right -of -way agreements and resolving conflicts.
(D -1)
Process Quitclaim Deeds
$947
$1,018
Process Quitclaim Deed - plat and legal by others
$57-2
$616
(D -2)
Process Real Property Agreement, License, or Easement
Base Fee (minimum charge)
$778
$836
Each Additional Hour (after 2 hours)
$1-22
$131
(D -3)
Right -of -way Research / Encroachment Resolution Fee
Actual Expense
Actual Expense
(D -4)
Right of Entry / Encroachment Permit Fee
$169
$188
(E) MISCELLANEOUS
District services provided for private sewer projects; interest rates for CCCSD programs; copying fees.
(E -1)
Engineering - private sewer projects
Actual Expense
Actual Expense
(E -2)
Soil evaluation - private sewer projects
Actual Expense
Actual Expense
(E -3)
Surveying
Actual Expense
Actual Expense
(E -4)
Minimum annual interest rate for CADs and Capacity Use Program
6.00%
6.00%
(E -5)
Document / Plan Copying Fees
8 1/2" x 11 "; 8 1/2" x 14 "; 11" x 17" (per sheet)
$0.15
$0.15
24" x 36" Plan (per sheet)
$3.00
$3.00
CCCSD Standard Specifications
$20.00
$20.00
(E -6)
Multiplier to be applied to Alhambra Valley Assessment District (AVAD) 2010 -11 Parcel
Assessment Amount listed in Ordinance 262- Exhibit B to determine AVAD
Reimbursement Fee amounts applicable to connections in 2012 -13.
11.0116511
1.02146
Revised: 4/11/2012 Exh A Rates & Charges 2012 -13 Rev Draft Page 3
EXHIBIT A
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF CURRENT & PROPOSED RATES & CHARGES FOR 2012 -13
(uncodified)
This schedule of Environmental and Development - Related rates and charges (to be effective july 5, 2011 July 2, 2012) was established by the Central
Contra Costa Sanitary District Ordinance No. 264 271, adopted May 5, 2011 April 19, 2012.
Fee Category
Current Fee
Proposed Fee
Connection Fee Deferral Program (Resolutions 2009 -34, 2010 -33 & 2011 -23)
(E -7)
Processing fee for each separate "Memorandum of Agreement" (program and fees
$460
$460
expire on June 30, 2013 unless program is extended) Ordinances 260 & 267
Connection Fee Deferral Program (Resolutions 2009 -34, 2010 -33 & 2011 -23) In
(E -8)
addition to Fee E -7 above, participation fee for each separate property (program and
$115
$115
fees expire on June 30, 2013 unless program is extended) Ordinances 260 & 267
Revised: 4/11/2012 Exh A Rates & Charges 2012 -13 Rev Draft Page 4
EXHIBIT A
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF CURRENT & PROPOSED RATES & CHARGES FOR 2012 -13
(uncodified)
This schedule of Environmental and Development - Related rates and charges (to be effective '� �'�,y 5,z011 July 2, 2012) was established by the Central
Contra Costa Sanitary District Ordinance No. 264 271, adopted May 5,'0" April 19, 2012.
Fee Category Current Fee I Proposed Fee
(F) INDUSTRIAL PERMIT FEES
Permitting and inspection of industries and other commercial dischargers to ensure availability and use of pretreatment
processes.
Base permit fee
Base permit fee
(F -1)
Class I Fees
of $3,256 + cost
of $3,450 + cost
of District's lab
of District's lab
analysis
analysis
Base permit fee
Base permit fee
(F -2)
Class II Fees
of $256 + cost
of $3,450 + cost
of District's lab
of District's lab
analysis
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
$6& -eas#
$70 each
On -site inspection
base fee Gf$345
Base fee of $365
(G) SEPTAGE DISPOSAL (" *)
Sampling and disposal of septic waste and grease.
(G -1)
Annual permit fee
$1,750
(G -2)
Residential septic /toilet waste
< 2,000 gallons
$20 + $0.15/gal
> 2,000 gallons
$60 + $0.15/gal
(G -3)
Restaurant grease waste
< 2,000 gallons
$a--+ $0.02 /gal
$20 + $0.02 /gal
> 2,000 gallons
$56-+ $0.02 /gal
$60 + $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.
Revised: 4/11/2012 Exh A Rates & Charges 2012 -13 Rev Draft Page 5