HomeMy WebLinkAboutBUDGET AND FINANCE AGENDA 02-04-13Jl Central Contra Costa Sanitary District
SPECIAL MEETING OF THE
CENTRAL CONTRA COSTA
SANITARY DISTRICT
BUDGET AND FINANCE COMMITTEE
Chair McGill
Member Nejedly
Monday, February 4, 2013
3:00 p.m.
Conference Room South
1470 Enea Circle, Second Floor
Concord, California
INFORMATION FOR THE PUBLIC
ADDRESSING THE COMMITTEE ON AN ITEM ON THE AGENDA
BOARD OF DIRECTORS:
JAMES A. NEJEDLY
President
DA V7D R. 97LLIAMS
President Pro Tem
PA UL H. CA USEY
MICHAEL R. MCGILL
TAD J. PILECKI
PHONE: (925) 228 -9500
FAX.- (925) 676 -7211
www.centralsan.org
Anyone wishing to address the Committee on an item listed on the agenda will be heard when the
Committee Chair calls for comments from the audience. The Chair may specify the number of minutes
each person will be permitted to speak based on the number of persons wishing to speak and the time
available. After the public has commented, the item is closed to further public comment and brought to the
Committee for discussion. There is no further comment permitted from the audience unless invited by the
Committee.
ADDRESSING THE COMMITTEE ON AN ITEM NOT ON THE AGENDA
In accordance with state law, the Committee is prohibited from discussing items not calendared on the
agenda. You may address the Committee on any items not listed on the agenda, and which are within their
jurisdiction, under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be
referred to staff for action or calendared on a future agenda.
AGENDA REPORTS
Supporting materials on Committee agenda items are available for public review at the Reception Desk,
4849 Imhoff Place, Martinez. Reports or information relating to agenda items distributed within 72 hours
of the meeting to a majority of the Committee are also available for public inspection at the Reception
Desk. During the meeting, information and supporting materials are available in the Conference Room.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans With Disabilities Act and state law, it is the policy of the Central Contra
Costa Sanitary District to offer its public meetings in a manner that is readily accessible to everyone,
including those with disabilities. If you are disabled and require special accommodations to participate,
please contact the Secretary of the District at least 48 hours in advance of the meeting at (925) 229 -7303.
Budget and Finance Committee
February 4, 2013
Page 2
1. Call Meeting to Order
2. Public Comments
3. Old Business
*a. Review staff's responses to the Committee's request for information at a
previous meeting, regarding the following:
• New sewer service overflow (SSO) claim
• Expenditure for check #193392 payable to Dimensional Control Corp
in the amount of $10,308.49
Staff Recommendation: Receive staff's responses.
4. Risk Management
*a. Review Loss Control Report and discuss outstanding claims
Staff Recommendation: Review the report, discuss outstanding
claims and provide direction if needed.
5. Update on reimbursement fee assessment for a second living unit at 20 Camino
Monte Sol, Alamo, APN 193 - 020 -002, Job 5542 (property of Ms. Anne Broome)
Staff Recommendation: Receive the update and provide input if needed.
*6. Review proposed terms for inclusion in new District Counsel contract
Staff Recommendation: Review and provide input to staff if needed.
*7. Review draft Prop 218 notice
Staff Recommendation: Review and provide input to staff if needed.
8. Review Position Paper approving proposed conference attendance of Board
Members for the period February through December 2013 (Item 4.d. in Board
Binder)
Staff Recommendation: Review and recommend Board approval.
Budget and Finance Committee
February 4, 2013
Page 3
9. Receive update on capacity fee issues involving Caffe Classico Foods in
Concord
Staff Recommendation: Receive the update and provide input to staff if
needed.
10. Review December 2012 Financial Statements and Investment Reports and
receive six -month variance review of Operations and Maintenance Budget for
Fiscal Year 2012 -13 (Item 4.c. in Board Binder)
Staff Recommendation: Review and recommend Board approval.
11. Expenditures
a. Review Expenditures (Item 4.b. in Board Binder)
Staff Recommendation: Review and recommend Board approval.
*b. Review Legal Expenditure Summary
Staff Recommendation: Review Legal Expenditure Summary.
12. Reports and Announcements
13. Suggestions for future agenda items
14. Adjournment
* Attachment
�ftvl.
Central Contra Costa Sanitary District
January 31, 2013
TO: BUDGET AND FINANCE COMMITTEE
FROM: CURTIS SWANSON, INTERIM GENERAL MANAGER C4
SUBJECT: SEWER OVERFLOW CLAIM AT 2369 CABALLO RANCHERO DRIVE,
DIABLO
This overflow claim was listed as item 6. on the 2012 -13 Loss Control Report that was
discussed with the Budget and Finance Committee on January 22, 2013. A reserve of
$4,400 is estimated and the clean -up cost to date is $2,254.09.
On December 26, 2012, a District sewer main became clogged with roots and caused a
raw sewage overflow at 2369 Caballo Ranchero Drive in Diablo. The overflow came out
of a clean -out outside the house and flowed across a sidewalk and patio, under a shed,
and through the crawl space under the house. The crawl space under the house and
the area under the shed was dried and cleaned. The sidewalk, patio, and adjacent
landscaped areas were cleaned.
03.01%
Central Contra Costa Sanitary District
February 4, 2013
TO: BUDGET AND FINANCE COMMITTEE
FROM: THEA VASSALLO, FINANCE MANAGER
VIA: CURT SWANSON, PROVISIONAL GENERAL MANAGER
SUBJECT: EXPENDITURE FOLLOW -UP
At the January 22, 2013 Budget and Finance Committee meeting, staff was asked to
provide additional information on the following.
Check# Date Amount Vendor
193392 1/3/13 $10,308.49 Dimensional Control Corp
Per further review of the purchase order, this purchase was for an upgrade to the
Bridgeport milling machine to CNC capabilities. A prototrak EMX retrofit system was
purchased as part of the 2012 -13 Equipment Budget. Per Lee Sutherland, POD
Mechanical Supervisor, the shops vertical milling machine is a manual machine. In
order to perform more complex procedures like bolt circle patterns or radiuses, we
would have to set up additional tooling like the rotary head or the dividing head. The
procedure is complex and time consuming. The CNC retrofit enables us perform the
operations without needing the additional tooling. Thus saving time and money. The mill
can still function as a manual mill, and the Machinists can utilize the mill both ways. A
copy of the invoice is attached for your convenience and review.
DIMENSIONAL CONTROL CORPORATIL - /�` ��////��pwwp/�
MEASURINO SYSTI'KAS . MACI'IINE T(JnLS InvoICt ®`V K6®
Customer No. 510764
Dimensional Control Corporation
1403 Industrial Road ~-
San Carlos, CA 94070
Telephone 650/591 -0365
Bill To:
Central Contra Costa Sanitary Dist.
5019 Imhoff Place
Attn: Accounts Payable
Martinez, CA 94553
Ship To:
Central Contra Costa Sanitary Dist.
5019 Imhoff Place
Martinez, CA 94553
Date
I Shl Via
F.O.B.
12/07/12
Truck
Origin
Purchase Order Number Order Date
Sales erson
039944 10/29/12
MH
Quanta
Item Number
Description
eq.
Shi
B.O.
1
1
SWI.MISC
PTEMX -2 ProtoTRAK EMX Retrofit
1
1
f _1
SWI.MISC
System for a Bridgeport Series I
1
1
0.00
SWI.MISC
Mill 48" X 12°
1
1
SWI.MISC
ZGSO -2 Z Glass Scale Option
1
1
SWI.MISC
P- TRAK -RSG
1
1
SWI.MISC
USB -MEM
1
0
1
DCC.LABOR
Installation/Travel Time /1 Hour of
1
0
1
DCC.LABOR
Training
1
1
SWI.MISC
Freight
1
0
1
SWI.MISC
Contact:Lee Sutherland 925- 228 -9500
CENTRAL CONTRA COSTA
SANITARY DISTRICT
ACCOUNT NUMHER
29816
pp,`A//MMO�OUNT
__.. Q.
Tax Unit Price
4-
TOTAL
NV010E ACCURACY OK O BY___
WR VED BY
�ppR !2 OA
Customer Original
Terms
30 D
Our Order Number
29816
Tax Unit Price
Amount
Y 8995.00
8995.00
Y 0.00
0.00
Y 0.00
0.00
Y 0.00
0.00
f 195.00
195.00
f _1
125.00
62500
0.00
I 0.00
0.00
1 225.00
225.00
1 0.001
0.00
1 �.
o == arable Subtotal
Taxable Subtotal
Tax @ 8.250% 1
Total invoice f
225.00
9315.00
768.49
ffiW -4
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Central Contra Costa Sanitary District
January 31, 2013
TO: BUDGET AND FINANCE COMMITTEE
FROM: CURTIS W. SWANSON, INTERIM GENERAL MANAGER
SUBJECT: TERMS FOR CONTRACT REVISION WITH DISTRICT COUNSEL
The term of the original contract with Meyers Nave to provide legal services to the
Board of Directors and District staff was October 1, 2010 to September 30, 2012. The
contract has been continued on a month to month basis since the end of September.
There are provisions to extend the original contract for either a two -year period or two
one -year periods.
I propose to extend the existing agreement for a two -year period ending September 30,
2014.
In addition to the term of the contract, I have two other items that I want to include in a
contract revision. One deals with the monthly retainer and the other deals with the
hourly rates.
Recently, we requested that District Counsel Kent Alm or one of his associates be at the
District Offices all day on Tuesday of each week instead of the Y2 day per week by Mr.
Alm or one of his associates as specified in the original contract. While this all -day
onsite service has only been in effect for three weeks, staff is extremely satisfied with
the service. The current monthly retainer is based on 56 hours. I propose to increase
the retainer base to 60 hours. This increase will cover the increase to onsite legal
services by having Kent or one of his associates here all day every Tuesday.
The second item is to increase the hourly rates for legal services by the terms included
in the original contract. Under these terms, the hourly legal rates would be increased by
the same percentage as the District's three bargaining groups received recently, and
rounded to the nearest five dollar increment. The proposed rates for the period February
1, 2013, to September 30, 2013 are attached.
A copy of the original contract with Meyers Nave is attached for your reference. Also
attached is the recently approved contract with Hanson Bridgett LLP for labor and
employment related legal services.
r
MEYERS, NAVE, RIBACK, SILVER & WILSON
#
RATE-SHEET
�� Ana+
ono September 30, 201}
rebru-Ley t1 ZOL2 ` 3
Sr. Principal (Kenton L. Alm)
$�- - 3
Principal
$245'
2 5 5
Sr. Of Counsel
tE$2,25
$285-
2 °t 5—
Sr. Associate
2 3T
Jr. Associate
Paralegal
Law CIerk
Blended Hourly Rate /Retainer $235- 2 L{ S
�e hourly rates set forth a ve will be reviewed eviewed and ame ed annually as of Septem r of each
yea For the contract year be ' ning October 1, 2011, the 6 e will be adjusted by the e
index amount as is provided to' i
P strict Local � o
al 1 employees fo%.lhe immediately prior MOiI.
adjustmAot, if any. For each year ot`hOjustment, the rates for eachqategory shall be computed '
by the District and approved by Meyers-Nave consistent with this met�odology. At the o inion
of the District), the rates can be rounded to the nearest $5 increment. P
Retainer Services Will be billed on the basis of the "Blended Hourly Rate / Retainer" services
category set forth abvlve and escalated as set forth for other hourly rates. "Retainer Services" for
\Zvided purposes of this Agreement are defined as those certain services that are custoMarily
on a regular basis and specifically include the following:
(a) Attendance at and preparation for board meetings, agenda review meetings, board
committee meetings, risk management meetings, engineering legal meetings, CASA
e0nferences and CASA legislative meetings;
(b) All legislative review and conunent and support activity for
Dis tS' CASA and other ordinary
tr2*t Counsel services in support of wastewater related industry groups;
(c) All telej�hone calls lasting less th 12 minutes and /or the first 12 vninutes of telephone
calls exceeding 12 minutes in lengthX ting calls on assi ed liti (d) Initial receiN and review of all corrence, documents, faxes and 6-mails, except on
assigned 8tigaUons matters;
(e) Preparation of fud presentation of advice to Board and Board Members i lu
customary ancillary activities related to representing the Board); (�g
(� Participation in all SSA activities duties tradid6h4
District; and undertaken on behalf of the
1913657.1
m eyers I nave
October 29, 2010
Via Electronic Mail
Michael McGill, Board President
Honorable Board Members
Central Contra Costa Sanitary District
5019 Imhoff Place
'.Martinez, CA 94553
Re: Engagement ofLegW SeMces
Dear Board Members:
55512th Street, Su to 1500
Oakland, California 94607
tel 510 808.2000
fat 510.444.1108
w&w.meyersnave.com
Kenton L. A'm
Attorney at Caw
kalm@meyersnave.com
Thank you for retaining Meyers, Nave, Riback, Silver & Wilson ( "Meyers Nave') to perform
legal services in connection with the Central Contra Costa Sanitary District (" CCCSD or the
District' � of which you are the Board President. We appreciate the opportunity to serve as
your lawyers and took forward to working with you.
'Plus Ietter sets forth our agreement concerning the legal services we will provide and our fee
arrangements for those services.
1. Scope of Engagement. We will provide legal services as required by law and as
directed by the District, and will attend meetings of the Board Directors, Agenda Review,
Risk Management and other staffed and Board Committee meetngs on an as needed basis.
We will provide the legal services reasonably required to represent and advise the District in
connection with public law, environmental matters, administrative matters, public works
construction and such other matters as would be subject of general counsel services. To the
extent it is requested by the District, we will provide on -site District Counsel Services for
one -half day per week (four hours per week) pursuant to an agreed upon schedule. We will
also provide legal services for additional matters, including litigation, which you request of
us, provided we agree to perform that work. Any litigation services or special assignment to
be provided by Meyers Nave shall be pursuant to the terms of this agreement, unless a
written document modifies the terms of this agreement for such litigation assignments.
2. Term of Agreement. Meyers Nave shalt serve as the District Counsel and provide
such regal services from October 1, 2010 through September 30, 2012 in accord with the
hourly rates and retainer fees and definitions set forth in Attach. 7� ent 1. This agreement may
be extended by unilateral action of the District for an additional two years, or annually for
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN 'RANC SCO SANTA 4OSA FRESNO
M chael WWI, Board President
October 29, 2010
Page 2
two additional years, following September 30, 2012 at the hourly rates and retention fees set
forth within AMachment 1.
3. Fees and Personnel. As compensation for our services, our fees will be based on
our current billing rate for the personnel performing services under this agreement at the
time such services are rendered for hourly work and services for retainer work shall be as
specified. Billing rates for attorneys and paralegals hourly and for retainer work, are set forth
in Attachment 1.
Kenton L. Alm will be the principal in charge of representing your interests as District
Counsel. If other attorneys and /or paxalegals are assigned to work on your matter, the then
current hourly rates of those individuals will be utilized for assignments not covered by the
retention. This agreement retains the legal services of our law firm. The hourly rates and
retainer fees are subject to change, during the term of this agreement as set forth in
Attachment I.
4. Basis for Fees. Any adjustment to the fees set forth in Attachment 1 must be
agreed to in writing by the District and Meyers Nave. While the hourly rates are the most
important factor we use in determining fees for Iegal services, the amount we actually charge
may be adjusted to reflect a variety of these factors, including any unusual time constraints
or other special demands imposed by the engagement, the novelty or complexity of the
issues raised, efficicricies achieved by us, the amounts involved and the results obtained.
5. Disbursements and Expenses. In addition to hourly fees, we may incur out -of-
pocket expenses related to your representation. Our Statement of Fee and Billing
Information, which sets forth the details of our disbursement and expense policy, is attached
(Attachment 2).
6. Billing and Payment Responsibilities. We will send monthly statements which
are due within 30 days of receipt If you have any questions about an invoice, please
promptly telephone or write me so that we may discuss these matters. Our Statement of Fee
and Billing Information sets forth the details of out fee and billing policy.
7. Termination of Services. You may terminate our services at any time by giving 60
days written notice. After receiving such notice, we will be providing such services as
directed and otherwise cease providing services. We will cooperate with you in the orderly
transfer of all related files and records to your new counsel.
We may terminate our services at any tune with your consent or for good cause on 90 days
written notice. Good cause exists if (a) any statement is not paid within 60 days of its date;
(b) you fail to meet any other obligation under this agreement and continue in that failure for
15 days after we send written notice to you; (c) you have misrepresented or failed to disclose
material facts to us, refused to cooperate with us, refused to follow our advice on a material
matter, or otherwise made our representation unreasonably difficult; or (d) any other
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
Michael McGill, Board President
October 29, 2010
Page 3
circumstance exists in which ethical rules of the legal profession mandate or permit
termination, including situations where a conflict of interest arising. If we terminate our
services, you agree to execute a substitution of attorneys promptly and otherwise cooperate
in effecting that termination.
Termination of our services, whether by you or by us, will not relieve the obligation to pay
for services rendered and costs incurred before our services formally ceased.
8. Insurance. During the term of this engagement, this law firm shall take out and
maintain general liability and property damage insurance in the amount of $1,000,000;
professional errors and omissions insurance, in an amount of $2,000,000 per occurrence; and
$4,000,000 aggregate, which insurance may not be canceled or reduced in required limits of
liability unless at least ten days advance written notice be given to you.
Automobile insurance coverage will be provided by Meyers Nave thnx%,h its general liability
coverage or by the individual members of Meyers Nave pursuant to their personal
automobile policies, and such coverage shall be at levels acceptable to the District.
9. Indemnification, Neither the District nor Meyers Nave shall be required to
mdemnify the other party to this Agreement as specifically set forth herein. Nothing in this
Agreement, with the exception of the specific terms of this paragraph, is intended to limit or
alter the rights of each party against the other party as such rights may exist under the jaws
of the State of California.
When, and only when the District requests Meyers Nave to retain the services of a
consultant on behalf of the District, then the District agrees to indemnify and hold harmless
the Meyers Nave, its agents and employees, for any expense, boss, or damage, including
attorneys' fees, to which the Meyers Nave may be subjected arising from any suit or claim,
which suit or claim arises out of Meyers, Nave engaging said consultant's services on behalf
of the District.
10. Confidential Relationship. All dealings of the parties under this Agreement shall
be confidential and no report, data, information, or communication developed, prepared, or
assembled by District Counsel under this Agreement shall be revealed, disseminated, or
made available by Meyers Nave to any person or organization other than the District
without the prior knowledge and concurrence of the District. This confidentiality provision
shall not extend to documents which are subject to public review under the California Public
Records Act (Government Code Section 6250, et seq.)
11. Exe,mut Employee Status. Pursuant to Chapter 2.16.020 of the District Code,
District Counsel shall act as attorney for the District in all matters affecting the affairs and
administration of the District, except in those matters where special counsel are from time to
time retained for specific responsibilities. The District will not be required to pay
Workmen's Compensation benefits for Counsel or any firm member of Me) ers Nave.
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
Michael McGill, Board President
October 29, 2010
Page 4
12. Joint representation. Our firm maintains of wensd agreements with certain Iegal
specialists. Because these individuals are deemed independent contractors under the
applicable provisions of the tax laws and not employees of the firm, it is necessary that you
consent to dual representation by the flare and the specialist in the event any matter which
you have engaged us to handle requires the use of that specialist. 'Phis arrangement has no
affect whatsoever on the cost of your legal services, rather it is an ethical requirement that
we disclose this fact and that you consent. You are consenting by signing this letter.
13. Assignment and Laws. iMeyers Nave shall not subcontract any of the work or
assign any of its rights or obligations without the prior written consent of the District other
than assignment of work to of rounmel as provided for in Paragraph 12 above.
14. Notices. All notice or other official correspondence relating to contractual matters
between the parties hereto shall be made by depositing same in first- class, postage -paid mail
addressed as follows.
To Counsel for the District: Kenton L. Alm
Meyers, Nave, R.iback, Silver & Wilson
555 121h Street, Suite 1500
Oakland, CA 94607
To the District: Board of Directors
c/o General Manager
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
or to such other address as either party may designate hereinafter in writing delivered to the
other party.
15. Records. Meyers Nave shall at time keep a complete and thorough records of the
time expended in performing services on behalf of the District as herein agreed upon and
Meyers Nave shall also make available to the District for audit all of such records so
maintained for a period of 7 years from the date of performance if services.
16. Article Headings. Article headings in this Agreement are for convenience only and
are not intended to be used to interpreting or construing the terms, convenants, and
conditions of this Agreement.
17. Survival. Notwithstanding the District's acceptance of the services or termination
thereof and payment therefore, Meyers Nave shall remain obligated under all clauses of this
Agreement which expressly or by their nature extend beyond and survive such acceptance,
termination and payment.
A PROFESSIONAL LAW CORPORATION OAKLAND LOSANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
Michael McGill, Board President
October 29, 2010
Page 5
Notwithstanding the acceptance of the services of Meyers Nave or termination thereof and
payment therefore, the District shall remain obligated under all clauses of this Agreement
which expressly or by their nature extend beyond and survive such acceptance, termination
and payment.
18. Attorney's Fees. In the event of a dispute arises under this agreement which results
in a judgment or final arbitrator's decision, reasonable attorney's fees and costs may be
awarded to the prevailing party.
19. Entire Agreement; Full Understanding; Modifications in Writing. This letter
contains our entire agreement about our representation. Any modifications or additions to
this letter agreement must be .made in writing.
20. Conflicts. Our firm represents many public agencies in California. The services
provided under this .Agreement are for the benefit of the District only. Though w c do
represent many other public entities, Meyers Nave is not aware of any actual conflicts
pending matters where the firm represents clients in matters adverse to the District.
Since 1986, we have represented over five hundred public clients, including numerous cities,
redevelopment agencies, special districts, counties and other public entities, and we are
accepting new engagements all the time. Meyers Nave performs a variety of professional
services for its clients and it is possible that we will represent clients on other matters with
objectives or positions inconsistent with those of the District. Ordinarily, continuing to
represent the District would not create an actual legal conflict if an actual conflict of
interest does arise; however, we wig promptly advise the District of the legal conflict of
interest and obtain a waiver of the conflict from the District and other entity. Alternatively,
if the situation requires it, we wig withdraw from representing either the other party, the
District, or both as may be required by the Bar Rules concerning legal ethics.
By signing and returning this agreement to us, you acknowledge that we have discussed these
matters and you confirm that District does not object to our representation of clients on
matters where their legal, governmental or political objectives and /or positions may be
different from or adverse to those of District; and that District consents to our
representation of such clients with differing legal, governmental or political interests where
no actual legal conflict of interest exists. While you would certainly be free to terminate our
relationship, you agree that this firm nonetheless would be free to represent such clients
even on those matters which you consider inconsistent with your objectives or views
provided that no actual legal conflict of interest exists.
These acknowledgments do not permit our firm to represent another client in opposing any
matter for which we have provided legal advice without your specific written legal consent.
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSH FRESNO
Michael McGill, Board President
October 29, 2010
Page 6
If this letter agreement is consistent with your understanding of our respective
responsibilities, please sign below and return this letter agreement to me. An additional copy
of this letter is enclosed for your records. Again, we thank you for allowing us the
opportunity to serve as your lawyers.
Very truly yoL M,
Kenton I.. Alm, Principal
Attachments
661424.3
A PROFESSIONAL LAW CORPORATION OAKLAND LOSANaELES SACRAMENTO SANFRANCISCO SANTAROSA FRESNO
Michael McGill, Board President
October 29, 2010
Page 7
These terms are accepted and agreed to as of the date of this Ietter by the Central Contra
Costa Sanitary District.
By,� — - --
Central Contra Costa Sarutar `District
Michael McGill, President
Board of Directors
Acknowledged.
By-
Central Contra Costa Sanitary District
Secretary of the District
Elaine Bochme
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
ATTACHMENT 1
MEYERS, NAVE, RIBACK, SILVER & WILSON
RATE SHEET
Year 1 (December 1, 2011 to September 30, 2012)
Sr. Principal (Kenton L. Alm)
$295
Principal
$245
Sr. Of Counsel
$285
Sr. Associate
$225
Jr. Associate
$215
Paralegal
$115
Law Clerk
$155
Blended Hourly Rate /Retainer
$235
The hourly rates set forth above will be reviewed and amended annually as of September of each
year. For the contract year beginning October 1, 2011, the rates will be adjusted by the same
indexed amount as is provided to District Local 1 employees for the immediately prior MOU
adjustment, if any. For each year of adjustment, the rates for each category shall be computed
by the District and approved by Meyers Nave consistent with this methodology. At the opinion
of the District, the rates can be rounded to the nearest $5 increment.
Retainer Services will be billed on the basis of the `Blended Hourly Rate /Retainer" services
category set forth above and escalated as set forth for other hourly rates. "Retainer Services" for
the purposes of this Agreement are defined as those certain services that are customarily
provided on a regular basis and specifically include the following:
(a) Attendance at and preparation for board meetings, agenda review meetings, board
committee meetings, risk management meetings, engineering legal meetings, CASA
conferences and CASA legislative meetings;
(b) All legislative review and comment and support activity for CASA and other ordinary
District Counsel services in support of wastewater related industry groups;
(c) All telephone calls lasting less than 12 minutes and /or the first 12 minutes of telephone
calls exceeding 12 minutes in length, excepting calls on assigned litigations matters;
(d) Initial receipt and review of all correspondence, documents, faxes and e- mails, except on
assigned litigations matters;
(e) Preparation of and presentation of advice to Board and Board Members (including
customary ancillary activities related to representing the Board);
(f} Participation in all CASA activities duties traditionally undertaken on behalf of the
District; and
1913657.1
(g) Four hours per week of on -site ("District Counsel Office Hours ") legal services to be
provided by an attorney acceptable to the District. "On- Site" legal services or District
Counsel office hours shall be provided based on a flat four hour charge without
compensation to the firm for travel to and from the District site.
"Retainer Services" will initially be billed at the blended hourly rate based on 56 hours per
month. Either party to this Agreement can on six -month intervals ask that this hourly amount
be evaluated and adjusted to reasonably reflect ongoing use of Retainer Services, including
adjustments to the services included, such as District on -site office hours. A commensurate
adjustment to the retainer fee will be implemented at that time.
1913657.1
ATTACHMENT I
MEYERS, NAVE, RIBACI{, SILVER & WILSON
RATE SHEET
Year I (October 1, 2010 to September 1, 2011)
Sr. Principal (Ketiron L. Utnl
5290
Principal
$240
-Sr. Of Counsel
$2$1)
Sr.. Associate
5220
jr. Associate
5210
Paralegal
silo
[..nv Cert,
$1.50
Blended Hontrly Rate /letainer
$235
The hourly rates set forth ibo%c will be rc%te,-ced and amended annually as of September
of each year. I-or the contract year beginning October 1, 2011, the rates will be adjusted
by the same indexed amount as is provided to District Local 1 employees for the
immediately Prig R[OU adjustment, if any. For each year of adjustment, the rates for
each category shall be computed by the District and approved by Boyers Nave
consistent,.,,ith this methodology. At the 1?ptnion of the District, the rates can be
rounded to the nearest $5 increment.
Retainer Services will be billed on the basis of the "Blended Hourly Rate /Retainer"
sen ices Category set forth above and escalated as sct forth for other hourly rates.
"Retainer Services" for the purposes of this Agreement are defined as those certain
scnices that are customarily provided on a regular basis and specifically include the
follos; ing
(a) .kttendance at and preparation for board meetings, ;igenda rcvic%v meetings,
board committee meetings, risk inanagemenr meetings, engineering legal
meetings, CASA conferences and CASA legislative meetings;
(b) All legislative review and comment and support activity for CASA and ether
ordinary District Counsel services in support of wastewater related industry
groups;
All telephone calls lasting, less than 12 minutes and/or the first 12 minutes of
relephnne calls exceeding; 12 minutes in length, excepting calls on assigned
litiptions matters;
( ,, -I "t I IA)f
(d) Initial receipt and review of all correspondence, documents, fares and e mails,
except on assigned litigations matters;
(e) Preparation of and presentation of advice to Board and Board Members
(including customary ancillary activities related to representing the Board);
(fj Participation in all CASA activities duties traditionally undertaken on behalf of
the District; and
(g) Four hours per week of on -site ( "District Counsel Office i-lours'� legal services
to be provided by an attorney acceptable to the District. "On- Sire" legal services
or District Counsel office hours shall be provided based on a flat four hour
charge without compensation to the firm for travel to and from the District site.
"Retainer Services" will initially be billed at the blended hourly .rate based on 56 hours
per month. hither party to this Agreement can on six month intervals ask that this
hourly amount be evaluated and adjusted to reasonably reflect ongoing use of Retainer
Services, including adjustments to the services included, such as District on -site office
hours. A commensurate adjustment to the retainer fee will be implemented at that rime.
W02 4_3.n(Ac
ATTACHMENT 2
MEYERS, NAVE, RIBACK, SILVER & WILSON
STATEMENT OF FEE AND BILLING INFORMATION
The following is a general description of our fee and billing policies. These general
policies may be modified by the specific emgagement letter or agreement to which this
summary is attached.
Professional Fees. Our fees for professional services are based on the fair value of the
services rendered. To help us determine the value of our services, our attorneys and
paralegals maintain time records for each client and matter. Our attorneys and paralegals
are assigned hourly rates which are based on years of experience, specialization, training
and level of professional attainment We adjust our rates periodically (usually at the
beginrung of each year) to rake into account inflation and the increased experience of our
professional personnel.
To keep professional fees at a minimum, legal work that does not require more
experienced attorneys will be performed, where feasible, by attorneys with lower billing
rates. Of course, the quality of the work is paramount, and we do not sacrifice quality to
economy.
Before undertaking a particular assignment, we will, if requested, provide you with a fee
estimate to the extent possible. Estimates are not possible for some matters, however,
and cannot be relied on in many others because the scope of our work will not be clear
at the outset. When a fee estimate is given, it is only an estimate; it is not a maximum or
minimum fee quotation. The actual fee may be more or less than the quoted estimate.
Billing And Payment Procedures. Unless other arrangements are made at the time of the
engagement, invoices will be sent monthly. Invoices for outside services exceeding $100
may be billed separately. Occasionally, however, we may defer billing for a given month
or months if the accrued fees and costs do not warrant current billing or if other
circumstances would make it appropriate to defer billing.
Our invoices contain a brief narrative description of the work performed; if requested,
the initials of the attorney who performed the work will appear on the Statement The
invoice will include a Line item reflecting in -house administrative costs. The firm's in-
house administrative costs include, but are not limited to, duplicating, facbimile charges,
telephone charges, E -mail, postage, mileage and other administrative expenses. We have
determined that the most effective method of accounting for these administrative costs is
to charge a flat 3% of the professional fees incurred.
The firm will be reimbursed for all outside services incurred in the course of providing
legal services to our client(s). Outside services will include, but are not lunited to, all
6610243.130C
third -parry expemses, delivery charges, travel expenses outside of the San Francisco :day
Area, outside research services, filing fees, expert witness and expert consultant fees.
If you have any questions regarding an invoice, the billing manager, controller or
shareholder in charge are available to answer your questions. For any unresolved
matters, the Bar association has an arbitration mechanism that can be used to resolve
such matters.
Late Payments. Statements for services are payable upon presentation and, in all events,
within thirty (30) days after receipt. Occasionally a client has difficulty in making timely
payments. To avoid burdening those clients who pay their statements promptly with the
added costs we incur as a result of late payments, a late charge will be assessed on
statements not paid within thirty (30) days. The maximum monthly late payment charge
will be 1.5% per month. In the unlikely event we are required to institute legal
proceedings to collect fees and costs, the prevailing party will be entitled to reasonable
attorneys' fees and other costs of collection.
:024,300C
CONTRACT FOR LEGAL SERVICES
BETWEEN
CENTRAL CONTRA COSTA SANITARY DISTRICT
AND
HANSON BRIDGETT LLP
BY THIS AGREEMENT, made and entered into this first day of January 2013, by and
between the CENTRAL CONTRA COSTA SANITARY DISTRICT, a political subdivision,
hereinafter referred to as the "District," together with the Law Firm of Hanson Bridgett LLP and
W. Daniel Clinton, hereinafter collectively referred to as "Labor Counsel for the District" or "Firm,"
the parties mutually agree as follows:
SCOPE OF SERVICES
ARTICLE I:
1. Labor Counsel for the District, comprised of W. Daniel Clinton and such members of
the firm of HANSON BRIDGETT LLP, as are deemed appropriate by the District and the Firm,
shall perform labor and employment related services and legal representation on behalf of the
District as directed by the Board of the District. Labor Counsel for the District shall work in a
cooperative role with the District's management team through the General Manager.
2. It is anticipated that Labor counsel for the District will provide legal services as
reasonably required to represent the District and as directed by the District. Labor Counsel will
provide the Board and its management team with legal advice and representation on labor and
employment related matters and shall take reasonable steps to keep District informed and respond to
District inquiries.
3. The District may in its discretion refer litigation matters, labor negotiations and/or
special projects to Labor Counsel for the District on a case -by -case basis, which matters will be
handled pursuant to the compensation schedule and other terms herein, unless otherwise agreed by
the parties; however, there is no requirement that the District refer such matters to the Firm, nor is
there a requirement that the District use the firm exclusively for all legal work concerning District
labor and employment issues.
COMPENSATION
ARTICLE II:
1. Labor Counsel for the District will provide legal services from January 1, 2013
through December 31, 2014, at the hourly rates set forth on Appendix A, attached. At the District's
sole discretion, this contract may be renewed for an additional year, from January 1, 2015 to
December 31, 2015, at the hourly rates set forth on Appendix A, attached.
4783457.1
2. Labor Counsel for the District will provide on a monthly basis documentation of
actual hours worked by each member of the Firm, together with a designation of the case name and
number, a description of the activity undertaken, and the District staff member requesting the legal
services. Labor Counsel for the District shall also make available to the District for audit all of such
records so maintained.
3. The Firm's billing rates incorporate normal and routine administrative charges
reflecting the costs of mailings, telephone, accounting, and use of other Firm clerical and
administrative services. Other discreet, non - routine costs incurred by the Firm on behalf of the
District, shall be separately invoiced by the Firm and reimbursed by the District. Such reimbursable
costs shall include costs such as, for example, expert witness fees, court filing fees, deposition costs,
travel costs outside of Contra Costa, Alameda and San Francisco, messenger services, overnight
mailings, facsimiles, duplicating, and computer research charges.
TERM OF THE AGREEMENT
ARTICLE III:
The term of this Agreement shall be from January 1, 2013 through December 31, 2014, and it
may be renewed at the District's sole discretion for an additional year, as set forth in Article I1. It is
anticipated that this Contract may be extended with the mutual consent of each party thereafter.
CONFIDENTIAL RELATIONSHIP
ARTICLE IV:
All dealings of the parties under this Agreement shall be confidential and no report, data,
information, or communication developed, prepared, or assembled by Labor Counsel for the District
under this Agreement shall be revealed, disseminated, or made available by Labor Counsel for the
District to any person or organization other than the District without the prior knowledge and
concurrence of the District.
ASSIGNMENT AND LAWS
ARTICLE V:
Labor Counsel for the District shall not subcontract any of the work or assign any of its rights
or obligations without the prior written consent of the District. This Agreement shall be governed by
the laws of the State of California.
NOTICES
ARTICLE VI:
All notices or other official correspondence relating to contractual maters between the parties
hereto shall be made by depositing same in first- class, postage -paid mail addressed as follows:
2
4783457.1
To Labor Counsel for the District. W. DANIEL CLINTON, ESQ.
HANSON BRIDGETT LLP
425 Market Street, 26th Floor
San Francisco, CA 94105
To District: BOARD OF DIRECTORS
CIO Ann Farrell
General Manager
CENTRAL CONTRA COST
SANITARY DISTRICT
5019 Imhoff Place
Martinez, CA 94553
or to such other address as either party may designate hereinafter in writing delivered to the other
Ply-
CONFLICT OF INTEREST
ARTICLE VII:
Labor Counsel for the District promises and agrees that Labor Counsel for the District and
members of his staff shall avoid any actual or potential conflicts of interest. Labor Counsel for the
District agrees to immediately notify the Board of Directors and the General Manager of any cases
which may involve an actual or potential conflict of interest.
INDEMNIFICATION
ARTICLE VIII:
Neither the District nor Labor Counsel for the District shall be required to indemnify the
other party to this Agreement. Nothing in this Agreement is intended to limit or alter the rights of
each party against the other party as such rights may exist under the laws of the State of California.
INSURANCE
ARTICLE IX•
During the entire term of this Agreement and any extension or modification thereof, Labor
Counsel for the District shall keep in effect insurance policies providing coverage for general public
liability, including lawyers' professional liability, and workers' compensation exposure at limits
deemed acceptable by the District. Labor Counsel for the District shall provide Certificates of
Insurance and other evidence of insurance, including copies of the policies as may be requested by
the District to demonstrate that the above required insurance coverages are in effect. Automobile
insurance. coverage will be provided by the Firm through its general liability coverage or by the
individual members of the Firm pursuant to their personal automobile policies, and such coverage
shall be at levels acceptable to the District.
3
4783457 1
TERMINATION
ARTICLE X:
This Agreement may be terminated by either party, at its sole discretion, upon thirty (30)
calendar days prior written notice; provided, however, if a court action(s) has been filed, Firm may
terminate this contract and withdraw from representation of District in such action(s) only with the
District's consent or upon court approval.
In event that W. Daniel Clinton were to leave the Firm of HANSON BRIDGETT LLP, or be
unable or unwilling to continue to serve as Labor Counsel for the District as a member of said Firm
for any reason, the District shall have the right to continue to direct HANSON BRIDGETT LLP, to
perform such legal services as the District deems advisable and to obtain other legal services in
whatever manner the District deems advisable, or to immediately terminate the Agreement in the
District's sole discretion.
TERMS
ARTICLE XI:
No alteration or variation of the terms of this Agreement shall be valid unless made in
writing -and signed by the parties hereto. No oral understanding or agreement not incorporated
herein shall be binding on any of the parties hereto.
ARTICLE HEADINGS
ARTICLE XII:
Article headings in this Agreement are for convenience only and are not intended to be used
in interpreting or construing the terms, covenants, and conditions of this Agreement.
PARTIAL INVALIDITY
ARTICLE XIII:
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated
thereby.
SURVIVAL
ARTICLE XIV:
Notwithstanding the District's acceptance of the services or termination thereof and payment
therefor, Labor Counsel for the District shall remain obligated under all clauses of this Agreement
4 4783457.1
which expressly or by their nature extend beyond and survive such acceptance, termination and
payment.
Notwithstanding the acceptance of the services of Labor Counsel for the District or
termination thereof and payment therefor, the District shall remain obligated under all clauses of this
Agreement which expressly or by their nature extend beyond and survive such acceptance,
termination and payment.
SIGNATURES
ARTICLE XV:
These signatures attest the parties' agreement hereto.
CENTRAL CONTRA COSTA SANITARY DISTRICT
JAMES NEJEDLY
President, Board of Directors
Attest: ELAINE R. BOEHME,
Secretary of the District
HANSON BRIDGETT LLP
47834571
APPENDIX A
HANSON BRIDGETT LLP
District Billing Rate District Billing Rate District Billing Rate
Attorney 01/01/2013 01/01/2014 01/01/2015
W. Daniel Clinton $385.00 $395.00 $410.00
Myron D. Moye $375.00 $385.00 $400.00
Rates for all other attorneys and legal assistants will be at a 10 percent (10 %) discount of the Firm's
regular billing rates.
4783457 1
Central Contra Costa Sanitary District
February 1, 2013
TO: Members of the Budget & Finance Committee
VIA: Curt Swanson N
Communication Services Manager Wv"bO
FROM: Michael Scah�ll, Com 9
SUBJECT: Initial Draft version of 2013 Prop 218 Notice
Attached for your review is the initial draft of the 2013 Prop 218 Notice.
The two year rate increase noted in the draft is a suggested increase. As noted by Kent
Alm, yearly Sewer Service Charge increases can be scheduled for up to five (5)
consecutive years.
Please forward any comments, changes or additions to me at your earliest
convenience.
HAProp 218\2013 \Budget & Finance review memo.doc
Central Contra Costa Sanitary District
NOTICE OF A PUBLIC HEARING /COMPLIANCE WITH PROPOSITION 218
A proposed increase in your Annual Sewer Service Charge will be considered at a Public
Hearing at 2 p.m on June 6, 2013 at the Central Contra Costa Sanitary District Board Room,
5019 Imhoff Place, Martinez, CA 94553.
Dear Property Owner and /or Customer:
The Central Contra Costa Sanitary District (CCCSD) provides sanitary sewage collection and
treatment, household hazardous waste disposal, and recycled water services in the central county
area. The District operates with an annual budget of about $100 million. CCCSD collects an
annual Sewer Service Charge from each property connected to the sewer system. The current
residential rate of $371 per year per single family unit is billed as a line item labeled "CCCSD
SEWER CHG" on your Contra Costa County property tax bill. CCCSD also receives
approximately $73 per residence each year from the County's property tax to renovate and /or
replace existing facilities.
New State and Federal regulations involving water and air quality, additional testing, and
treatment processes have financially impacted CCCSD and increased Operations and
Maintenance costs. The CCCSD Board must therefore consider an increase in the annual Sewer
Service Charge of up to $34 (9 cents per day) for Fiscal Year (FY) 2013 -2014 for a total of up to
$405 per year effective July 1, 2013, and up to an additional $34 increase for FY 2014 -2015,
effective July 1, 2014, for a total of up to $439 per year.
FOR RESIDENTIAL CUSTOMERS, whether a single - family home, mobile home, townhouse,
condominium, apartment, or other multi - family home, this would mean an increase in the Sewer
Service Charge of up to 9.2% in the first year and up to 8.4% in the second year.
FOR NONRESIDENTIAL CUSTOMERS, the service charge rates are calculated for each
customer group based on the cost to provide service, considering both the quantity of sewage
discharged and other sewage characteristics affecting the cost for treatment. The service charge
increases being considered for this category are shown on the reverse side of this notice.
The District operates under a 10 -Year Business Plan, developed by staff and updated annually.
The Plan documents CCCSD operations, maintenance, facility needs, their associated costs, and
the needed revenue for the District to meet its regulatory requirements and fiscal responsibilities.
A failure to meet the regulatory requirements could impact CCCSD's mission to protect public
health and the environment and result in fines imposed by state and federal regulators that could
run into millions of dollars. In the next decade, the District faces expenditures of more than $422
million in Capital Projects alone. These include $365 million over 10 years for ongoing repair and
rehabilitation of CCCSD's 1,500 -mile sewer system, mandatory upgrades to the treatment plant;
and $5.6 million in annual payments on bonds that were issued by CCCSD to pay for needed
capital improvements ($56 million). An additional $70 million may be required should State
regulators mandate nitrification in the plant, a process to remove naturally occurring ammonia
from treated wastewater. CCCSD must also reduce its unfunded liability, a result of the economic
downturn in 2008, depooling of assets by the pension board, and continuing retiree health - related
costs. Based on the results of the 10 -Year Business Plan, the proposed increases would allow
CCCSD to meet its regulatory and financial requirements.
NOTICE IS HEREBY GIVEN that the Board of Directors of the Central Contra Costa Sanitary
District will hold a PUBLIC HEARING on this matter in the CCCSD Board Room, 5019 Imhoff
Place, Martinez, California, on Thursday, June 6, 2013 at 2:00 p.m., at which time and place
interested persons may appear and be heard. Only written and signed protests of property
owners or customers that include the writer's address are to be counted to determine whether a
majority protest to the proposed rate increases exists. Property owners or tenants can mail their
protests to the Secretary of the District at 5019 Imhoff Place, Martinez, CA 94553; hand - deliver
them to the Reception Desk at the 4849 Imhoff Place; fax them to (925) 676 -7211; or e-mail a
written, signed protest in PDF format to eboehme(a)-centralsan.orq. Protests must be received
before the Public Hearing ends. A copy of the CCCSD Board Policy on filing a protest can be
found on the CCCSD website at www.centralsan.org.
Questions about the proposed Sewer Service Charges can be directed to CCCSD's Information
Line by calling (925) 335 -7702 or by e- mailing rates(W-centralsan.ora.
Notice mailed by April 22, 2013
CURRENT & PROPOSED SEWER SERVICE CHARGE RATES FOR NONRESIDENTIAL CUSTOMERS
USER GROUP
CURRENT RATE
MAXIMUM
PROPOSED
RATE
EFFECTIVE
JULY 1, 2013
MAXIMUM
PROPOSED
RATE
EFFECTIVE
JULY 1, 2014
Commercial and Other
Non - industrial Customers
(per Hundred Cubic Feet (HCF))
Bakeries
$9.48
$10.35
$11.22
Supermarkets with garbage disposals
$7.16
$7.82
$8.47
Mortuaries
$6.75
$7.37
$7.99
Restaurants
$7.03
$7.67
$8.32
Others
$344
$3.76
$4.07
Minimum Annual Charge
$385.00
$420.00
$456.00
Industrial Customers
Flow (per HCF)
$1.42
$1.55
$1.68
Biochemical Oxygen Demand (per thousand pounds)
$789.00
$861.00
$934.00
Suspended Solids (per thousand pounds)
$564.00
$616.00
$667.00
Demand (per HCF in peak month)
$170.08
$185.67
$201.25
Minimum Annual Charge
$385.00
$420.00
$456.00
Determined
Determined
Determined
Special Discharge Permits and Contracts
individually
individually
individually
Notes:
A nonresidential customer's annual sewer service charge is determined by multiplying the appropriate user group
rate times the annual wastewater discharge volume measured in HCF (Hundred Cubic Feet), usually estimated
from the property's water use. For example, a bakery discharging 250 HCF per year would pay an annual sewer
service charge at the July 1, 2013 proposed rate calculated as follows:
($10.35 per HCF) x (250 HCF per year) = $2,587.50
Alternatively, for 2013 -14 you can estimate your annual sewer service charge by multiplying the amount listed
beside "CCCSD SEWER CHG" on your 2012 -13 property tax bill by 1.09. If you are billed directly, multiply the
amount on the 2010 -11 invoice by 1.09. For a 2012 -13 estimate, multiply by 1.18.
If you have questions regarding the Sewer Service Charge program, or would like us to calculate a property-
specific estimate of the sewer service charge for 2013 -2014 and 2014 -2015, please send an e-mail request
including your name, Assessor's Parcel Number, address and phone number to rates(d-)centralsan.orq, or call the
District's Environmental Services Division at (925) 335 -7739. Additional information is available on the District's
website: www.centralsan.org.
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