HomeMy WebLinkAbout12.a. Public hearing re Fiscal Year 2014-15 Sewer Service ChargeIla.
PUBLIC HEARING TO CONSIDER WHETHER OR NOT TO REDUCE THE $34
PER RESIDENTIAL UNIT EQUIVALENT SEWER SERVICE CHARGE RATE
INCREASE PREVIOUSLY APPROVED FOR FISCAL YEAR 2014 -15
SUGGESTED AGENDA
April 17, 2014 — 7:00 p.m.
Request staff presentation
2. Conduct public hearing
a. Open hearing
b. Receive public comments
C. Request staff response, as appropriate
d. Close hearing
3. Board deliberation followed by one of the following actions:
a. Take no action, which confirms the $34 per Residential Unit
Equivalent (RUE) Sewer Service Charge (SSC) rate increase for
Fiscal Year (FY) 2014 -15, effective July 1, 2014, for a total SSC of
$439 per RUE, and increases SSC rates for non - residential
customers accordingly. (Staff recommendation.)
OR, alternatively.
b. Adopt a resolution (by majority vote) fixing the SSC rate increase at
an amount less than $34 per RUE for residential customers for
FY 2014 -15, and increasing SSC rates for non - residential
customers accordingly.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 17, 2014
subject: CONDUCT PUBLIC HEARING TO CONSIDER WHETHER OR NOT TO
REDUCE THE $34 PER RESIDENTIAL UNIT EQUIVALENT SEWER
SERVICE CHARGE RATE INCREASE PREVIOUSLY APPROVED FOR
FISCAL YEAR 2014 -15
Submitted By: Initiating Dept. /Div.:
Roger S. Bailey, General Manager Administration
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
T. Vassallo — Finance Manager / �-.
97-Alm R. Bailey
Counsel for the District General Manager
ISSUE: In accordance with Ordinance No. 278, the Board must reevaluate at a public
hearing the previously approved $34 per Residential Unit Equivalent (RUE) Sewer
Service Charge (SSC) rate increase for residential and non - residential customers for
Fiscal Year (FY) 2014 -15 before it can be imposed.
RECOMMENDATION: Leave unchanged the $34 per RUE SSC rate increase
previously approved for FY 2014 -15.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board could decide, after reviewing the
District's proposed budget, its financial condition, projected capital and operations and
maintenance costs, to keep the SSC at the current rate of $405 per RUE, or it could
choose to increase the SSC by an amount less than the previously approved $34 per
RUE.
BACKGROUND: At its meeting held June 20, 2013, a two -year, $34 per -year per RUE,
SSC rate increase was adopted via Ordinance No. 278. The first year of the increase
was implemented effective July 1, 2013, bringing the total SSC to $405 per RUE. Prior
to imposing the second -year $34 increase, the Board is required by Ordinance No. 278
to reevaluate at a public hearing whether the increase is still necessary. If there is no
motion, the rate will automatically increase by $34, bringing the total SSC for FY
2014 -15 to $439 per RUE.
According to Ordinance No. 278, "Prior to imposing the rate set forth under this
Ordinance for Fiscal Year 2014 -15, the Board of Directors shall consider, at a noticed
public hearing, the District's proposed budget, its financial condition, projected capital
and operations and maintenance costs, as well as other factors which bear on the
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POSITION PAPER
Board Meeting Date: April 17, 2014
Subject., CONDUCT PUBLIC HEARING TO CONSIDER WHETHER OR NOT TO
REDUCE THE $34 PER RESIDENTIAL UNIT EQUIVALENT SEWER
SERVICE CHARGE RATE INCREASE PREVIOUSLY APPROVED FOR
FISCAL YEAR 2014 -15
revenue requirements of the District, before June 30, 2014, to determine whether the
increased amount set forth herein for Fiscal Year 2014 -15 is still necessary. If the
District Board concludes by a majority vote that sewer service charges for less than the
amount set forth in this Ordinance for Fiscal Year 2014 -15 will produce adequate
revenues for that fiscal year, the Board may by resolution fix the Fiscal Year 2014 -15
sewer service charges to be imposed at appropriate amounts up to the maximum of the
rates set forth herein without an amendment of this Ordinance. In such case, the
resolution shall clearly set forth such lesser charges that are to be imposed and those
charges shall remain in place until further action of the Board. If the Board determines
the rates set forth in the table are appropriate for imposition in Fiscal Year 2014 -15, no
further action of the Board shall be required."
The discussion concerning rate setting commenced on February 6, 2014, when the
Board was presented with a preliminary review of the District's financial projections. It
was at that meeting that the date for this public hearing was set, as mandated by
Ordinance No. 278. The discussion covered the process through which the District
evaluates the need for rate changes. Each year, the following ten years of financial
information are projected using a financial planning model against which various
scenarios can be run for anticipated changes in costs and revenues. The District's
financial plan must be balanced for the ten -year period with no deficit in any given year.
Another driver of the revenue requirement is the use of cash reserves to meet financial
obligations for operations, and the District's Capital Improvement Plan (CIP) is
predominantly funded on a pay -as- you -go basis. While other agencies issue bonds or
borrow money to fund their CIP, the District prefers to have funds in place in advance of
commencing projects. Therefore, rates are not raised just to cover annual operating
costs, but also ongoing projected costs. The District also tries to avoid rate spikes,
which may become necessary when one or more years pass without a rate increase.
The suggestions made by Board Members at the February 6, 2014 preliminary review
were incorporated into various scenarios discussed in detail at the annual Financial
Planning & Policy Workshop /Briefing held March 6, 2014. At that workshop, staff
presented detailed information on the key assumptions used in the ten -year financial
planning model and an array of scenarios using different assumptions. These
assumptions were also reviewed with the Finance Committee.
In order to facilitate maximum attendance by the public, the public hearing on this
matter was set for 7:00 p.m. on April 17, 2014. In accordance with Ordinance No. 278,
staff will present at that hearing the most recent financial projections. The presentation
will include the District's proposed budget assumptions, its financial condition, projected
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POSITION PAPER
Board Meeting Date: April 17, 2014
subject: CONDUCT PUBLIC HEARING TO CONSIDER WHETHER OR NOT TO
REDUCE THE $34 PER RESIDENTIAL UNIT EQUIVALENT SEWER
SERVICE CHARGE RATE INCREASE PREVIOUSLY APPROVED FOR
FISCAL YEAR 2014 -15
capital and operations and maintenance costs, as well as other factors which bear on
the revenue requirements of the District. Staff will be prepared to receive comments on
increasing the annual SSC rates for residential and non - residential customers for
FY 2014 -15.
Once the public hearing has been held, the Board will deliberate, after which it must
decide on one of the following options:
Take no action, which will confirm the annual residential SSC rate should be
increased by $34 per RUE to $439 per RUE for FY 2014 -15, effective July 1,
2014, and that non - residential SSC rates should be increased in proportionally
similar amounts as the residential SSC rate. (Staff recommendation.)
OR, alternatively:
2. Adopt a resolution (by majority vote) fixing the annual residential SSC rate
increase at an amount less than $34 per RUE for FY 2014 -15, and that non-
residential SSC rates should be increased in proportionally similar amounts as
the residential SSC rate.
COMMITTEE RECOMMENDATION: On February 24, 2014, the Finance Committee
further reviewed the key assumptions and financial projections for FY 2014 -15 included
in the February 6, 2014 Preliminary 2014 -15 SSC Rate Discussion to the Board. Two
additional scenarios were recommended by the Committee and included in the Board
Financial Planning Workshop on March 6, 2014 for the Ten -Year Financial Projections
for Rate Setting.
RECOMMENDED BOARD ACTION: Leave unchanged the $34 per RUE SSC rate
increase previously approved for FY 2014 -15 (requires no Board action).
Attached Sunportinq Documents:
1. Ordinance No. 278
2. Draft resolution adopting reduced SSC rate for FY 2014 -15
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ATTACHMENT 1
ORDINANCE NO. 278
AN UNCODIFIED ORDINANCE OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
ADOPTING A SCHEDULE OF SEWER SERVICE CHARGE RATES
IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.24.030
WHEREAS, the Central Contra Costa Sanitary District (District) has previously
developed and instituted a Sewer Service Charge Program to finance the services and
facilities furnished by the District, 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, the District Board of Directors has reviewed the current Schedule of Sewer
Service Charge Rates and has determined that the annual residential sewer service
charge rate should be increased by $34 per Residential Unit Equivalent (RUE) to $405
per RUE for Fiscal Year 2013 -14, and by an additional $34 per RUE to $439 per RUE
for Fiscal Year 2014 -15, and that non - residential sewer service charge rates should be
increased in proportionally similar amounts as the residential sewer service charge rate;
and
WHEREAS, Chapter 6.24.030 of the District Code provides the enabling authority for
the District to implement the proposed uncodified Schedule of Sewer Service Charge
Rates; and
WHEREAS, a properly noticed public hearing to receive comments and protests and to
consider the proposed uncodified Schedule of Sewer Service Charge Rates was held
on June 20, 2013; and
WHEREAS, in adopting this Ordinance, the Board of Directors finds that:
a. Written notices of the proposed increase in sewer service charge rates
were sent by first class U.S. mail to parcel owners who receive sewer
service from the District, using data provided by Contra Costa County
Assessor's Office, at least 45 days prior to the public hearing on the
proposed increase conducted on June 20, 2013.
b. All legally valid protests against the proposed increase in the sewer
service charge rates, including those provided in person, by facsimile, e-
mail and U.S. mail, were considered and tallied at the Public Hearing
conducted on June 20, 2013, and the District was not presented with
protests by a majority of the owners of the identified parcels affected by
this change.
Ordinance No. 278
Page 2 of 6
Central Contra Costa Sanitary District
C. The amount of the charge imposed does not exceed the proportional cost
of the service attributable to the properties receiving service and the
charge is only imposed on those properties actually receiving service or
for those which service is immediately available.
d. This action is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15273 (a) (1-4) of the District
CEQA Guidelines.
NOW, THEREFORE, the Board of Directors of the District does ordain as follows:
Section 1 (To be Uncodified)
The "Schedule of Sewer Service Charge Rates" 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 6.24.030.
As of the effective date of this Ordinance, sewer service charges 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, parts of ordinances and any provision of Ordinance 266 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 the sewer service charges rates or any portion thereof is
determined invalid or unconstitutional, such portions of Ordinance 266 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 266 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
Prior to imposing the rate set forth under this Ordinance for Fiscal Year 2014 -15, the
Board of Directors shall consider, at a noticed public hearing, the District's proposed
budget, its financial condition, projected capital and operations and maintenance costs,
as well as other factors which bear on the revenue requirements of the District, before
June 30, 2014, to determine whether the increased amount set forth herein for Fiscal
Year 2014 -15 is still necessary. If the District Board concludes by a majority vote that
sewer service charges for less than the amount set forth in this Ordinance for Fiscal
Ordinance No. 278
Page 3 of 6
Central Contra Costa Sanitary District
Year 2014 -15 will produce adequate revenues for that fiscal year, the Board may by
resolution fix the Fiscal Year 2014 -15 sewer service charges to be imposed at
appropriate amounts up to the maximum of the rates set forth herein without an
amendment of this Ordinance. In such case, the resolution shall clearly set forth such
lesser charges that are to be imposed and those charges shall remain in place until
further action of the Board. If the Board determines the rates set forth in the table are
appropriate for imposition in Fiscal Year 2014 -15, no further action of the Board shall be
required.
This Ordinance shall be a general regulation of the District and shall be published once
in the Contra Costa Times and San Ramon Valley Times, newspapers of general
circulation within the District, and shall be effective on July 1, 2013. This ordinance
shall be kept on file with the Secretary of the District.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 20th day of June 2013, by the following vote:
AYES:
Members:
Causey, McGill, Williams, Nejedly
NOES:
Members:
Pilecki
ABSENT:
Members:
None
J, KeS A. Nejedly z l
" President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Elaine R. Soehme, CMC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
t
Kenton L. AIm, Esq'. ~
District Counsel
Ordinance No. 278
Page 4 of 6
Central Contra Costa Sanitary District
EXHIBIT "A"
Schedule of Sewer Service Charge Rates `Uncodified)
This schedule of Sewer Service Charges (to be effective July 1, 2013), was established
by Central Contra Costa Sanitary District Ordinance No. 278, adopted June 20, 2013.
User Group
Fiscal Year
2013 -14
Fiscal Year
2014 -15
Residential (rate per Residential Unit Equivalent (RUE)):
Single Family Dwellings, Mobile Homes, Townhouses,
Condominium Units, Multi-Family Units 1.0 RUE per livingunit
$405.00
$439.00
Commercial t Non- industrial (rates per hundred cubic feet):
Bakeries
$10.35
$11.22
Supermarkets w /garbage disposals
$7.82
$8.47
Mortuaries
$7.37
$7.99
Restaurants
$7.67
$8.32
Others
$3.76
$4.07
Minimum Annual Charge
$420.00
$456.00
Industrial (rates per unit specified):
Wastewater Flow (per hundred cubic feet)
$1.55
$1.68
Biochemical Oxygen Demand (per 1,000 pounds)
$861.00
$934.00
Suspended Solids (per 1,000 pounds)
$616.00
$667.00
Demand (per hundred cubic feet/day in peak month)
$185.67
$201.25
Minimum Annual Charge
$420.00
$456.00
Special Discharge Permits & Contractual Agreements:
Determined
Individual)
Determined
lndividuall
Ordinance No. 278
Page 5 of 6
Central Contra Costa Sanitary District
Schedule of Sewer Service Charge Rates (continued)
User Group
Fiscal Year
2013-2014
Fiscal Year
2014-2015
Mixed Use (for parcels with shared water meter; rates per hundred cubic feet):
Rate Group XA: (90-99% Standard Commercial; 1 -10% Restaurant)
$4.15
$4.46
Rate Group XB: (80-89% Standard Commercial; 11-20% Restaurant)
$4.54
$4.85
Rate Group XC: (70-79% Standard Commercial; 21-30% Restaurant)
$4.93
$5.25
Rate Group XD: (60-69% Standard Commercial; 31-40% Restaurant)
$5.32
$5.64
Rate Group XE: (50-59% Standard Commercial; 41-50% Restaurant)
$5.72
$6.03
Rate Group XF: (40-49% Standard Commercial; 51-60% Restaurant)
$6.11
$6.42
Rate Group XG: (30-39% Standard Commercial; 61-70% Restaurant)
$6.50
$6.81
Rate Group XH: (20-29% Standard Commercial; 71-80% Restaurant)
$6.89
$7.21
Rate Group XI: (10-19% Standard Commercial-, 81-90% Restaurant)
$7.28
$7.60
Rate Group XJ: (31-35% Standard Commercial; 65-69% Bakery)
$8.04
$8.72
Rate Group XK (21-30% Standard Commercial; 70-79% Bakery)
$8.37
$9.08
Rate Group XL (16-20% Standard Commercial; 80-84% Bakery)
$9.03
$9,79
Rate Group XM: (11-15% Standard Commercial; 85-89% Bakery)
$9.36
$1015
Rate Group XN: (5-10% Standard Commercial; 90-95% Bakery)
$9.69
$10.51
Rate Group XO: (10-15% Restaurant; 85-90% Bakery)
$9.95
$10-74
Minimum Annual Charge
$420.00
$456.00
Ordinance No. 278
Page 6 of 6
Central Contra Costa Sanitary District
Schedule of Sewer Service Charge Rates (continued)
User Group
Fiscal Year
2013 -2014
Fiscal Year
2014 -2015
Institutional (rates per hundred cubic feet unless otherwise noted):
Churches
$3.76
$4.07
Schools (Daycare, Preschool, University)
$3.76
$4.07
Schools (Elementary)
$5.19 / per
student
$5.621 per
student
Schools (Intermediate)
$5.49 / per
student
$5.94 / per
student
Schools (High School)
$5.79 / per
student
$6.271 per
student
Fraternal & Service Organizations
$3.76
$4.07
Local & State Institutions
$3.76
$4.07
Other Tax Exempt (Except Federal)
$3.76
$4.07
Federal institutions
$3.76
$4.07
Utilities with Special Tax Status
$3.76
$4.07
Independent Living Facilities, Rest Homes, & Convalescent Hospitals
$3.76
$4.07
Minimum Annual Charge
$420.00
$456.00
ATTACHMENT 2
RESOLUTION NO. 2014- O 1Q
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
FIXING THE SEWER SERVICE CHARGE RATE INCREASE FOR
FISCAL YEAR 2014 -15
WHEREAS, on June 20, 2013, the Central Contra Costa Sanitary District ( "District ")
Board of Directors adopted Ordinance No. 278, which determined that the annual
residential sewer service charge rate should be increased by $34 per Residential Unit
Equivalent (RUE) to $405 per RUE for Fiscal Year 2013 -14, and by an additional $34
per RUE to $439 per RUE for Fiscal Year 2014 -15, and that non - residential sewer
service charge rates should be increased in proportionally similar amounts as the
residential sewer service charge rate; and
WHEREAS, prior to imposing the sewer service charge rate increase for Fiscal Year
2014 -15, Ordinance No. 278 requires that the Board reevaluate, at a public hearing held
prior to June 30, 2014, whether the $34 increase is still necessary; and
WHEREAS, as part of the reevaluation process, Ordinance No. 278 requires that the
Board consider "the District's proposed budget, its financial condition, projected capital
and operations and maintenance costs, as well as other factors which bear on the
revenue requirements of the District;" and
WHEREAS, after preliminarily reviewing the District's financial projections at its meeting
held February 6, 2014, the Board set a public hearing for 7:00 p.m. on April 17, 2014 to
reevaluate the necessity of the previously approved increase of $34 per RUE in the
Fiscal Year 2014 -15 residential sewer service charge rate; and
WHEREAS, at its meeting held March 6, 2014, the Board held a Financial Planning &
Policy Workshop /Briefing during which staff presented detailed information on the key
assumptions used in the ten -year financial planning model and an array of scenarios
using different assumptions; and
WHEREAS, at the public hearing held on April 17, 2014, the Board and members of the
public received information from staff on the most recent financial projections for the
District, including proposed budget assumptions, the District's financial condition,
projected capital and operations and maintenance costs, as well as other factors which
bear on the revenue requirements of the District; and
WHEREAS, after taking into consideration the information presented by staff and
comments from the public on the previously approved sewer service charge increase,
the Board concluded that the sewer service charge rate for Fiscal Year 2014 -15 should
be reduced from the previously approved amount of $34 per RUE.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District that:
Central Contra Costa Sanitary District
Resolution 2014- D10
Page 2 of 2
The annual residential sewer service charge rate increase for Fiscal Year 2014-
15 shall be fixed at $ per RUE, bringing the total annual sewer service charge
rate to $4 per RUE effective July 1, 2014; and non - residential sewer service
charge rates shall be increased in proportionally similar amounts as the
residential sewer service charge rate; and
2. The total annual residential sewer service charge rate of $4_ per RUE, and the
proportionally increased non - residential sewer service charge rates, shall remain
in place from July 1, 2014 until further action of the Board.
PASSED AND ADOPTED this 17th day of April, 2014, by the Board of Directors of the
Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme, CIVIC
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