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Home My WebLink About08.a.1) Receive informational copy of Uncodified Ordinance No. 294 reflecting an updated schedule of sewer service charge (SSC) rates for residential and non-residential customers commencing July 1, 2017, as adopted by the Board on April 20, 2017. f, central Contra Costa Sanitary May 4, 2017 TO: HONORABLE BOARD OF DIRECTORS VIA: ROGER S. BAILEY, GENERAL MANAGER KENTON L. ALM, DISTRICT COUNSEL FROM: PHILIP R. LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION SUBJECT: UNCODIFIED ORDINANCE NO. 294 ADOPTED APRIL 20, 2017 FOR SEWER SERVICE CHARGE RATES Attached is an informational copy of Uncodified Ordinance No. 294, in strikeout, reflecting the action of the Board taken on April 20, 2017 to adopt a schedule of sewer service charge (SSC) rates for residential and non-residential customers commencing g July 1, 2017. The rates shown reflect the Boards action to increase SSC rates b . Y slightly less than 5.5 percent for Fiscal Year (FY) 2017-18, and by no more than 7.0 percent for Fiscal Year 2018-19. The ordinance includes the requirement that a public . hearing must be held before imposing any second-year increase. Below is a table comparing in strikeout the SSC rates as had been proposed by staff and the actual rates as they were adopted by the Board on April 20, 2017: FY 2017-18 FY 2018-19 Increase Annual SSC Increase Annual SSC _ Single Family Residences $27 $530 $37 $56 7 � Multi-Family Residences $26 $513 $36 $549 Effective Date July 1, 2017 July 1, 2018 (Residential rates shown in dollars per residential unit.) Non-Residential As shown in strikeout on the attached Ordinance. With the reduction in revenue from the adoption of a lower rate increase percentage p g than that used for financial planning purposes, staff anticipates that the FY 2017-18 financial outlook can be balanced on a "one-time basis" through theapplication of anticipated operations and maintenance (O&M) budget savings from the FY 2016-17 O&M budget. However, the loss of revenue from the reduced rate increase for FY 2017-18 will need to be offset by other budget measures for FY 2018-19 and future years, unless higher rate increases than previously contemplated for those years are adopted. Attached Supporting Document.- 1. ocument.1. Uncodified ordinance No.294 (in strikeout)as adopted April 20, 2017 ORDINANCE NO. 294 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 (Central San) has previously developed and instituted a Sewer Service Charge Program to finance the services and facilities furnished by Central San, and WHEREAS, it is reasonable and necessary that all users of Central San'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 Central San services and facilities; and WHEREAS, Central San's 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 $27 --per single family living unit to $530- , and $26 34-per multifamily living unit to $513 for Fiscal Year (FY) 2017-18, and $37 per single family living unit to $567 , and $36- per multifamily living unit to $549 for FY 2018-19, and that non-residential sewer service charge rates should be increased proportionally similar amounts as the single family service charge rate as, set forth below in Exhibit A; and WHEREAS, Chapter 6.24-030 of District Code provides the enabling authority for Central San 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 April 20, 2017; 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 Central San, 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 April 20, 2017. 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 April 20, 2017, and Central San was not presented with protests by a majority of the owners of the identified parcels affected by this change. Central Contra Costa Sanitary District Ordinance No. 294 Page 2 of 3 d. 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. e. 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 Central San 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 No. 285 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 charge rates or any portion thereof is determined invalid or unconstitutional, or during any period where the new rates are stayed due to a legal challenge, such portions ns of Ordinance No. 285 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. 285 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 2018-19, 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, 2018, to determine whether the increased amount set forth herein for Fiscal Central Contra Costa Sanitary District Ordinance No. 294 Page 3 of 3 Year 2018-19 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 2018-19 will produce adequate revenues for that fiscal year, the Board may by resolution fix the Fiscal Year 2018-19 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 2018-19, no further action of the Board shall be required. Section 4 This Ordinance shall be a general regulation of Central San and shall be published once in the Contra Costa Times and San Ramon Valley Times, newspapers of general circulation within Central San, and shall be effective on July 1 , 2017. This Ordinance shall be kept on file with the Secretary of the District. PASSED AND ADOPTED by the Board of Directors of Central San on the 201h day of April 2017, by the following vote: AYES: Members: McGill, Pilecki, Williams, Causey NOES: Members: Nejedly ABSTAIN: Members: None Paul H. Causey, P.E. 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 66A59 Schedule of Sewer Service Charge Rates (Uncodified) This schedule of Sewer Service Charges (to be effective July 1, 2017), was established by Central Contra Costa Sanitary District Ordinance No. 294, adopted April 20, 2017. User Group Fiscal Year Fiscal Year Fiscal Year 2016-17 2017-18 2018-19 Residential (rate per Residential Unit)- lingle Family Dwellings, Mobile Homes $503.00 $530.00 538.00 $567-00 576.09 partments, Condominiums, Duplexes, Second Living Units, obile Homes $487.00 $513.00 521.00 $549.00 558.00 Commercial/Non-industrial (rates per hundred cubic feet): r1L I Landard Commercial Rate for Users Not Listed Below $4.98 $5.25 5.33 $5.61 5.71 Automotive $5.73 $6.04 6.13 $6.46 6.56 qakeries $13.22 $13.93 14.14 $14.90 15.14 otels/Motels $8.64 $9.10 9.24 $9.74 9.89 Supermarkets $9.34 $9.84 9.99 $10.53 ortuaries $11.47 $12-09 12.27 $12-93 1- -4- estaurants $9.34 $9.84 9.99 $10.53 10.70 inimum Annual Charge $504.00 $530.00 538.00 $566.00 57-5-.W Industrial (rates per unit specified)- Wastewater Flow (per hundred cubic feet) $3.67 $3.87 3.93 $4.14 4.21 Biochemical Oxygen Demand (per 1,000 pounds) $1,216.00 $1,281.27 $1,370.72 Q 9. 47- - Suspended Solids (per 1,000 pounds) $567.00 $597.44 606.45 $639.14 649.28 Fixed $87.23 $91.91 $98-33 9-9-.,8P inimum Annual Charge $504.00 $530.00 538.00 $566.00 575.00 Special Discharge Permits & Contractual Agreements: Determined Determined Determined Individually Individually_ I Individuall Central Contra Costs Sanitary District Exhibit A to Ordinance No. 294 Page 2 of 3 Schedule of Sewer Service Charge Rates (continued) Fiscal Year Fiscal Year Fiscal Year User Group 2016-17 2017-18 2018-19 Mixed Use (for parcels with shared water meter; rates per hundred cubic feet): Rate Group XA: (90-99% Standard Commercial; 1-10% Restaurant) $5.32 $5.61 5.69 $6.00 6.09 Rate Group XB: (80-89% Standard Commercial; 11-20% Restaurant) $5.77 $6.08 6.17 $6.50 6.61 Rate Group XC: (70-79% Standard Commercial; 21-30% Restaurant) $6.23 $6.56 6.66 $7.02 7.13 Rate Group XD: (60-69% Standard Commercial; 31-40% Restaurant) $6.67 $7.03 7.1 $7.52 7.63 Rate Group XE: (50-59% Standard Commercial; 41-50% Restaurant) $7.12 $7.50 7.62 $8.03 8.16 Rate Group XF: (40-49% Standard Commercial; 51-60% Restaurant) $7.56 $7.97 8.09 $8.52 8.66 Rate Group XG: (30-39% Standard Commercial; 61-70% Restaurant) $8.01 $8.44 8.57 $9.03 9.18 Rate Group Xyl: (20-29% Standard Commercial; 71-80% Restaurant) $8.45 $8.90 9.04 $9.53 9.68 Rate Group XI: (10-19% Standard Commercial; 81-90% Restaurant) $8.91 $9.39 9753 $10.04 10.2 Q Rate Group XJ: (31-35% Standard Commercial; 65-69% Bakery) $10.69 $11.26 44-43 $12.05 12.24 Rate Group XIS: (21-30% Standard Commercial; 70-79% Bakery) $10.32 $10-87 11.04 $11-63 11 11.892- Rate Group XL: (16-20% Standard Commercial; 80-84% Bakery) $10.92 $11.51 11.6 $12-31 12.500 Rate Group XM: (11-15% Standard Commercial; 85-89% Bakery) $11.26 $11.86 12.04 $12-69 12.89 Rate Group XN: (5-10% Standard Commercial; 90-95% Bakery) $11.54 $12.16 12.34 $13.01 13.21 Rate Group XO: (10-15% Restaurant; 85-90% Bakery) $11.69 $12.32 12.5 0 $13.18 1-Q.3 Minimum Annual Charge $504-00 $530.00 $566.00 575.09 Central Contra Costs Sanitary District Exhibit A to Ordinance No. 294 Page 3 of 3 Schedule of Sewer Service Charge Rates (continued) Fiscal Year Fiscal Year Fiscal Year User Group 2016-17 2017-18 2018-19 Institutional (rates per hundred cubic feet unless otherwise noted): Churches $4.98 $5.25 $5.61 - $&.-74 Schools (Daycare, Preschool, University) $4.98 $5.25 $5.61 Schools (Elementary) $6.19 per $6.52-66-.61=2 $6.98 7.09 studentper student per student Schools (Intermediate) $12.1 6 per $12-81 $13.71 student 13.01 per 13.93 per student student Schools (High School) $12.16 per $12,81 $13.71 student 13.01-per 13.93 per student student Fraternal & Service Organizations $4.98 $5.25 $5.61 $&.-33 Local & State Institutions $4.98 $5.25 $5.61 Other Tax Exempt (Except Federal) $4.98 $5.25 $5.61 !tG 74- Federal Institutions $4.98 $5.25 $5.61 $&.-74 Utilities with Special Tax Status $4.98 $5.25 $5.61 74 Independent Living Facilities, Rest Homes, & Convalescent Hospitals $4.98 $5.25 $5.61 $&.-33 $-&� Minimum Annual Charge $504.00 $530-00 $566.00 538.QG 575-