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HomeMy WebLinkAbout05.c. Review draft Position Paper to conduct a public hearing to receive public comment and consider adopting the following ordinance to become effective July 1, 2022: Page 1 of 23 Item 5.c. All" BOARD OF DIRECTORS ' POSITION PAPER MEETING DATE: APRIL 19, 2022 SUBJECT: REVIEW DRAFT POSITION PAPER TO CONDUCTA PUBLIC HEARING TO RECEIVE PUBLIC COMMENTAND CONSIDER ADOPTING THE FOLLOWING ORDINANCE TO BECOME EFFECTIVE JULY 1, 2022: • UNCODIFIED ORDINANCE NO. AMENDING THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED FEES AND CHARGES, REPLACING ORDINANCE NO. 317 IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30 DATA IS AVAILABLE,AS REQUIRED BY GOVERNMENT CODE TITLE 7, DIVISION 1, CHAPTER 8, SECTION 66016. IF YOU HAVE QUESTIONS, PLEASE CONTACT SENIOR ENGINEER THOMAS BRIGHTBILL BY E-MAIL AT TBRIGHTBILL@a CENTRALSAN.ORG SUBMITTED BY: INITIATING DEPARTMENT: BRYAN MCGLOIN, MANAGEMENT ANALYST ENGINEERING AND TECHNICAL SERVICES- THOMAS BRIGHTBILL, SENIOR ENGINEER PDS-RATES AND FEES REVIEWED BY: DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING & TECHNICAL SERVICES ISSUE State Law and District Code require that a public hearing be held to receive public comment on ordinances revising Environmental and Development-Related Fees and Charges. BACKGROUND Chapter 6.30 of the District Code includes provisions for the Board of Directors (Board)to adopt an uncodified schedule of fees 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 Central San maps; administration of source control permits and inspections; and septic and grease hauler permitting, sampling, and treatment. Following a review of the fees and charges by Central San staff, it is recommended that they be revised to April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 97 of 124 Page 2 of 23 reflect changes in the costs incurred in providing the related services, including updated labor costs. Information regarding the proposed changes is included in the attached report. A comparison of current and staff-recommended fees and charges is presented with the attached proposed ordinance. If the proposed revisions to the Environmental and Development-Related Fees and Charges are adopted by Central San's Board, 23 items would remain unchanged, 56 would increase, and 8 would decrease with 2 new fees and 1 fee eliminated. ALTERNATIVES/CONSIDERATIONS The Board may decline to adjust some or all of the Environmental and Development-Related Fees and Charges. In this event, the fees that went into effect on July 1, 2021 would continue. This is not recommended as Central San would not fully recover costs expended in providing the corresponding environmental and development-related services. FINANCIAL IMPACTS The fees and charges on this schedule are intended to recover Central San's labor costs, administrative overhead, and other operating expenses incurred in providing the related services. The FY 2022-23 District budget projects approximately$2.2 million in Operating and Non-Operating Revenues for Schedule-related items, consistent with the $2.2 million budgeted for these items in the FY 2021-22 budget. Although several fee increases are requested, a lower level of development is anticipated due to uncertainty in the current economic climate (specifically related to inflation and interest rates) combined with the impact of public health and other geo-political factors on future economic conditions. COMMUNITY OUTREACH Staff will conduct a coordinated outreach program to inform and solicit input from stakeholders and interested customers regarding the proposed Environmental and Development-Related Fees and Charges. Notices of the public hearing will be posted and published in the Contra Costa Times and San Ramon Valley Times. I n addition, approximately 400 letter reports, including the proposed schedule of rates and charges, will be distributed to developers, engineers, architects, contractors, waste haulers, representatives of the Building Industry Association of the Bay Area, and others who have requested notice of fee increase proposals. (To be updated for the Board meeting scheduled for June 2, 2022) "As of May 13, 2022, no stakeholders nor members of the public had contacted Central San with comments.Any comments received after May 13, 2022 will be presented to the Board of Directors at the public hearing." COMMITTEE RECOMMENDATION The Finance Committee reviewed this matter at its April 19, 2022 meeting and recommended RECOMMENDED BOARD ACTION Hold the public hearing. Once the public hearing has concluded, adopt the proposed uncodified ordinance, revising the Schedule of Environmental and Development-Related Fees and Charges effective July 1, 2022, including the following findings: • Central San 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 fees and charges reasonably represent Central San's actual costs to provide the April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 98 of 124 Page 3 of 23 services. • The proposed fees and charges are exempt from CEQA. (Four affirmative votes are required for adoption.) Strategic Plan Tie-In GOAL THREE: Fiscal Responsibility Strategy 1—Maintain financial stability and sustainability,, Strategy 2—Ensure integrity and transparency in financial management ATTACHMENTS: 1. Proposed Ordinance 2. Proposed Ordinance ExhibitA 3. Staff Report 4. Staff Report Attachment 1 April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 99 of 124 Page 4 of 23 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING AN UNCODIFIED SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED FEES AND CHARGES IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30, EFFECTIVE JULY 1 , 2022 WHEREAS, the Board of Directors (Board) of the Central Contra Costa Sanitary District (Central San) finds that Central San 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 Central San's maps, administration and permit inspection related to the Environmental Compliance 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 Central San's services to recover the reasonable cost of providing said services; and WHEREAS, Central San 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 Fees and Charges, as reflected in Exhibit "A" to this Ordinance, reasonably represents the actual costs to provide the services delineated in said Schedule of Fees and Charges; and WHEREAS, the Board 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 Fees and Charges are being charged merely to reimburse Central San for staff costs and expenses. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does hereby ordain as follows: Section 1 (To be uncodified) The Schedule of Environmental and Development-Related Fees 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 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. April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 100 of 124 Page 5 of 23 Ordinance No. Page 2of2 Central Contra Costa Sanitary District 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. 317 shall remain in effect and such Fees and Charges due thereunder for any categories of users shall remain due and payable as if those portions of Ordinance No. 317 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 Central San and shall be published in the Contra Costa Times and San Ramon Valley Times, newspapers of general circulation, published and circulated within Central San and shall be effective as of July 1, 2022. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 2nd day of June, 2022, 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: Katie Young 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 April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 101 of 124 ATTAC H M EIW I of 23 EXHIBIT A CENTRAL CONTRA COSTA SANITARY DISTRICT ENVIRONMENTAL AND DEVELOPMENT-RELATED FEES & CHARGES FOR FISCAL YEAR FY 2022-23 uncodified Fee Category Amount DEVELOPMENT Review of new sewer and recycled water 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) Application Fees: Basic Application (side sewer work, easement staking, permit renewal) $173 Application for new sewer service- new parcel $357 Application for new sewer service-existing parcel $258 Commercial Application (for review of plans for a change in use or expansion of a commercial facility; $368 includes up to one hour of plan review) Commercial Application- Each additional hour $186 Overflow Protection Device Installation (OPD only) no charge Side Sewer Cleanout installation (to facilitate installation of OPD only; permit not upgradable) $25 Non-Residential Capacity Fee Installment Payment Program Application Fee $539 Residential Capacity Fee Installment Program and Promissory Note Program Application Fee $539 (A-2) Mainline Extensions: Plan Review(Sewer Service): Sewer Service Review(Base fee- up to 3 submittals) $3,876 Restart Application (where design concept previously approved &complies with current Std Specs, $1,871 up to 3 submittals Each additional hour $209 Manhole only(design & plan review) $1,199 Plan Review(Recycled Water): Recycled Water Review(Base fee- up to 8 hours) $3,505 Each additional hour $209 Recycled Water Connection only(design &plan review) $1,402 Right of Way Document Review: Appurtenant Easements(Base fee-up to 3 hours) $665 Subdivision Map (each) $614 Separate Instrument(Base Fee) $790 Each additional hour $222 (A-3) Private Pumping System Plan Check: System Compatibility Review for Pump (up to 2 hours) $443 Each additional hour $222 (A-4) Special Approvals $423 (A-5) Annexation Fee (per District Code 6.08.030): New Annexations Actual Expense Annexation Recovery Fee $681 (A-6) Reimbursement Accounts: Set-up fee $1,509 Transaction fee $210 (A-7) Special Studies: Base fee- up to 4 hours; plus misc. costs $915 Each additional hour $187 :J Revise, :April 1 2p22 Page 1 Apri 19, 2072 Regular FINANCE Committee Meeting Agenda Packet- Page 102 of 124 Page 7 of 23 EXHIBIT A CENTRAL CONTRA COSTA SANITARY DISTRICT ENVIRONMENTAL AND DEVELOPMENT-RELATED FEES & CHARGES FOR FY 2022-23 uncodified Fee Category Amount DEVELOPMENT(A-8) Environmental Compliance Reviews: Environmental Compliance Business Review- base fee- up to 4 hours; includes plan review, site $1,086 inspection and inspection time Each additional hour $222 Grease Variance Review(includes site visit) $469 Environmental Compliance Enforcement Review and Inspection $594 CONSTRUCTION INSPECTION Inspection of new sewer main construction and new sewer and recycled water connections and other related work on private property(includes TV inspection when appropriate). Hours of operation, including premium and holiday schedules, are available at: www.centralsan.orglpod/hours-directions (B-1) Inspections by type: Mainline base fee $981 Mainline per foot(includes in-line manholes or structures) $15.42 New Manhole or structure(e.g. recycled water meter) $1,153 Overflow Protection Device installation (OPD only) no charge Side Sewer Cleanout installation (to facilitate installation of OPD only) $50 Side Sewer Installation/Repair per 100 feet: $267 Single Inspection Charge (e.g. sewer connectionl encroachment verification; side sewer cap on property; tap and lateral (new or replacement); air test; reinspection; homeowner preconstruction $267 inspection) Recycled water connection cross-testing $695 Manhole tap; lateral abandonment at main; pipe bursting; trash enclosure w/o trap; side sewer CIPP $534 repair; outdoor grease trap only Manhole Alteration; trash enclosure with trap; grease interceptor abandonment $801 Outside pump installation $1,068 Grease/Sand/Oil Interceptor $1,602 (B-2) Overtime inspection: First Hour(if responding from off-site) $151 Weekend/Holiday-4 hour minimum $448 Each additional hour $99 (B-3) I Inspection of non-permitted work; plus avoided charge(s) $1,202 Revise, :April 1 2p22 Page 2 Apri 19, 2072 Regular FINANCE Committee Meeting Agenda Packet- Page 103 of 124 Page 8 of 23 EXHIBIT A CENTRAL CONTRA COSTA SANITARY DISTRICT ENVIRONMENTAL AND DEVELOPMENT-RELATED FEES & CHARGES FOR FY 2022-23 uncodified Fee Category Application of Fee (B-4) INSPECTION CHARGES FOR NEW CONNECTIONS (Informational Only) Current procedure at the Permit Counter is to collect all connection and inspection fees for new construction when a structure's roof is on and the rough plumbing is installed ("Roof and Rough"). Under the new procedure, a developer can choose to: 1. Connect at Roof and Rough, or 2. Connect at building foundation following the procedures outlined in the Standard Specifications. For either scenario, connection fees will be due and payable prior to permit issuance(consistent with District Code). The changes affect Category(B)Construction Inspection as shown below: Residential Connections (up to and including four units)at Roof and Rough: This fee is for inspection of new residential units connecting to CCCSD's mainline after the structure's roof is on and the rough plumbing has been installed. This fee includes: one building connection inspection and one $534 per unit side sewer inspection (up to 100 feet). Additional inspections and related fees may be required. Residential Connections (up to and including four units)at building foundation: This fee is for inspection of new residential units connecting to CCCSD's mainline prior to structure being roofed and rough plumbing being installed. This fee includes: one building connection inspection, one side sewer $1,068 per unit inspection (up to 100 feet), and two additional inspections as required per CCCSD Standard Specifications. Additional inspections and related fees may be required. Commercial/Multiple Residential Connections (more than four units)at Roof and Rough: This fee is for inspection of new commercial or multiple residential units connecting to CCCSD's mainline after structure's roof is on and the rough plumbing has been installed. This fee includes: one building $534 per unit connection inspection and one side sewer inspection (up to 100 feet). Additional inspections and related fees may be required. Commercial/Multiple Residential Connections (more than four units)at building foundation: This fee is for inspection of new commercial or multiple residential units connecting to CCCSD's mainline prior to structure being roofed and rough plumbing being installed. This fee includes: one $1,335 per unit building connection inspection, one side sewer inspection (up to 100 feet), one pre-construction meeting, and two additional inspections as required per CCCSD Standard Specifications. Additional ins ections and related fees may be re uired. Revise, :April 1 2p22 Page 3 Apri 19, 2072 Regular FINANCE Committee Meeting Agenda Packet- Page 104 of 124 Page 9 of 23 EXHIBIT A CENTRAL CONTRA COSTA SANITARY DISTRICT ENVIRONMENTAL AND DEVELOPMENT-RELATED FEES & CHARGES FOR FY 2022-23 uncodified Fee Category Amount COLLECTION 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 $300 Minimum Charge (2 hour minimum) $600 Overtime- First Hour $210 Overtime- Each Additional Hour $164 Overtime-Weekend/Holiday(4 hour minimum) $702 (C-2) Dye test $341 (C-3) Collection system repair Actual Expense (C-4) Cancelled TV Inspection without prior notice $567 (C-5) Sewer locating and marking $341 • Establishing right-of-way agreements and resolving conflicts. (D-1) Process Quitclaim Deeds $1,288 Process Quitclaim Deed -plat and legal by others $818 (D-2) Process Real Property Agreement, License, or Easement: Base Fee- Up to 4 hours $1,269 Each Additional Hour $171 (D-3) Right-of-way Research/Encroachment Resolution Fee Actual Expense (D-4) Right of Entry/Encroachment Permit Fee Base Fee- Up to 2 hours $465 Each Additional Hour $171 MISCELLANEOUS District services provided for private sewer projects;interest rates for CCCSD programs;copying fees. (E-1) Engineering - private sewer projects Actual Expense (E-2) Soil evaluation-private sewer projects Actual Expense (E-3) Surveying Actual Expense (E-4) Annual interest rate for CADs and Septic to Sewer Financing Programs 2.61% Multiplier to be applied to Alhambra Valley Assessment District(AVAD) 2010-11 Parcel Assessment (E-5) Amount listed in Ordinance 262-Exhibit B to determine AVAD Reimbursement Fee amounts applicable 1.11084 to connections in FY 2022-23. (E-6) Multiplier to be applied to St. Mary's Road Contractual Assessment District(CAD) 2011-1 1.01136 Reimbursement Fees listed in Ordinance 279-Exhibit B. Applicable to connections in FY 2022-23. (E-7) Returned Check/Insufficient Funds Fee $40 plus bank fees Up to 10%of unpaid (E-8) Delinquent/Late Payment Fee amount due plus 1.5/o per month on unpaid balance (E-9) Document/Plan Copying Fees: 8 1/2"x 11"; 8 1/2"x 14"; 11"x 17" (per sheet) $0.20 24"x 36" Plan (per sheet) $4.00 CCCSD Standard Specifications $25.00 CCCSD Standard Specifications (Pocket Guide) $5.00 Revise, :April 1 2p22 Page 4 Apri 19, 2072 Regular FINANCE Committee Meeting Agenda Packet- Page 105 of 124 Page 10 of 23 EXHIBIT A CENTRAL CONTRA COSTA SANITARY DISTRICT ENVIRONMENTAL AND DEVELOPMENT-RELATED FEES & CHARGES FOR FY 2022-23 uncodified Fee Category Amount (F) INDUSTRIAL PERMIT FEES Permitting and inspection of industries and other commercial dischargers to ensure availability and use of pretreatment processes. (F-1) Class I Fees (Base fee plus cost of District's lab analysis) Actual Expense (F-2) Class 11 Fees(Base fee plus cost of District's lab analysis) $4,168 (F-3) Class III Fees (Base fee plus cost of District's lab analysis) no charge (F-4) Industrial user permit application fee no charge (F-5) Special discharge permit application fee ( ): No on-site inspection, no capacity review $385 On-site inspection $964 Additional charge for capacity review(Required for discharges >50 gpm) $263 • • Sampling and disposal of septic waste and grease. (G-1) Annual permit fee $1,555 (G-2) Residential septic/toilet waste: <2,000 gallons $40 + $0.15/gal. >2,000 gallons $80 + $0.15/gal. (G-3) Restaurant grease waste: <2,000 gallons $40 +$0.03/gal. >2,000 gallons $80 +$0.03/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. Percent change in septage and restaurant grease fees based on an assumed volume of 2,000 gallons. Revise, :April 1 2p22 Page 5 Apri 19, 2072 Regular FINANCE Committee Meeting Agenda Packet- Page 106 of 124 Page 11 of 23 ATTACHMENT 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Report Regarding Environmental and Development-Related Fees and Charges Update April 1, 2022 OVERVIEW The Central Contra Costa Sanitary District (Central San) Board of Directors will soon consider adopting an ordinance to revise Central San District Code Chapter 6.30, Schedule of Environmental and Development-Related Fees and Charges (Schedule), for various environmental and development services. BACKGROUND Chapter 6.30 of the District Code includes a schedule of fees 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: permitting; plan review; inspection of construction for side sewers and main line extensions; addition of new sewer, parcel, and permit information to Central San's maps and related systems; source control permits and inspections; and septic and grease hauler sampling and treatment. The fees and charges included on the Schedule are intended to recover Central San's labor costs, administrative overhead, and other operating expenses incurred in providing the related services. The extent to which these fees and charges can be adjusted is limited by California State Law which generally requires that fees and charges do not exceed the "reasonable costs" incurred in providing the services for which those fees or charges are levied. For example, following the passage of Proposition 26 in November 2010, language was included in the state Constitution (Article XIII.A, Section 3) requiring that the cost for any fee or charge "is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor's burdens on, or benefits received from, the governmental activity." Central San staff reviews the costs required to provide the corresponding services on a regular basis in order to assess whether changes to the Schedule may be appropriate. The most recent update to these fees was approved by the Board on June 17, 2021 with an effective date of July 1 , 2021. FEE COMPONENTS/STANDARD CALCULATION METHODOLOGY The majority of fees and charges included on the Schedule are based on salary and related benefit and overhead costs for staff time and effort. In some cases, additional April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 107 of 124 Page 12 of 23 Report Regarding Environmental and Development-Related Fees and Charges Page 2 April 1, 2022 costs for mileage and other service costs are also included. In a few cases, the fee or charge represents costs unrelated to labor (e.g., reproduction charges). In all cases, fees are designed to recover the costs that Central San incurs in providing the related service during the fiscal year (FY). As a result, fees are based on averages of projected labor, overhead, mileage, and other costs that are reasonably expected to be incurred. These component costs are primarily based on the following methodologies: • Direct Labor: Applicable labor rates are determined using average hourly salary rates for each employee classification (grade) escalated in conjunction with the terms of existing labor agreements, including the assumption that any vacant positions will be filled at Step A of the current grade prior to July 1. The estimated average hourly salary rates are applied to the hourly staff effort required for each transaction type in order to determine the related direct labor cost. Where the efforts of multiple staff are required in a particular transaction, this process is repeated for each grade level involved. o The District's current labor agreements include an allowance for annual cost of living adjustments based on Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward region as determined by the U.S. Department of Labor's Bureau of Labor Statistics for each February. The February 2022 published rate is 5.25%1, although existing labor agreements limit the application of that rate to 5%. Based on publication history, these rates are typically available by mid-March of each year. Because salary costs for a portion of FY 2022-23 are dependent on rates which will not be available until at least March of 2023, this portion of costs is estimated based on historic trends, existing labor agreement terms, and future assumptions. • Benefits & Related/Overhead Costs: Employee benefit and related overhead costs for each transaction type are calculated by applying Central San's Board-approved administrative overhead rate to the total Direct Labor cost for that transaction as determined above. The Board-approved overhead rate for FY 2022-23 is 169%2, down from 177% during FY 2021-22. • Vehicle & Equipment Costs: The U.S. Internal Revenue Service (IRS) periodically issues guidance on standard mileage rates applicable to transportation or travel- related expenses. The applicable rate for calendar year 2022 is $0.585 per mile. Since vehicle depreciation costs are already captured in Central San's administrative overhead rate noted above, this same IRS guidance sets a "Basis Reduction Amount" to reduce this rate by $0.26 per mile in order to prevent over- recovery of these costs. Applying this reduction decreases the applicable mileage rate to $0.325 per mile3, up from $0.300 per mile in the previous year. 1 U.S. Department of Labor Bureau of Labor Statistics News Release 22-436-SAN, released on March 10,2022, available at https://www.bls.gov/regions/west/news-release/consumerpriceindex_sanfrancisco.htm. Z Central San March 3, 2022 Regular Board Meeting,Agenda Item 3. 3 IRS Notice 2022-03, "2022 Standard Mileage Rates", available at https://www.irs.gov/pub/irs-drop/n-22-03.pdf, April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 108 of 124 Page 13 of 23 Report Regarding Environmental and Development-Related Fees and Charges Page 3 April 1, 2022 o The IRS mileage rates above are applicable to calendar year 2022. Based on publication history, the estimated publication date for 2023 guidance is late 2022. For the purpose of calculating the fees in this Schedule, staff assumes no change for future years (dates after December 31, 2022). • Other Costs: o Outside Recording/Processing Fees: Certain fees (for example, quitclaim, annexation, property agreements) include a direct pass-through of any fees that the District is charged in order to record various documents with related county or other outside offices and agencies. FEES WITH ALTERNATIVE COST METHODOLOGIES The calculations for some fees do not follow the methodology described above. These alternative methodologies include the following: • Interest Rate — Central San provides various financial assistance agreements to eligible customers for sewer-related projects, each of which includes an annual interest charge. The interest rate is determined by calculating the difference (or "spread") between U.S. Treasury rates for 3-year and 20-year Treasury bills ("T- bills") at the end of the most recent calendar year, adding the quarterly rate determined by the California State Treasurer for Local Agency Investment Fund (LAIF) earnings at the end of the same period, plus an additional 0.50% intended to cover Central San's costs in administering these financing programs4. The calculated rate is applied to agreements executed during the effective period. • "No Charge" — Consistent with previous Board direction, some services are provided at no charge, including: o Application Fee for Installation of an Overflow Protection Device o Inspection of an Overflow Protection Device installation o Industrial User Permit application fee o Industrial User Permit Class III Permit Fee • "Actual Expense" — Some activities are so variable or unique to particular circumstances that a standardized cost estimate cannot be reasonably determined in advance. Since the overall cost can differ from project to project based on the actual level of effort required, the fees for these activities are stated as "Actual Expense". Examples include property annexations and activity related to research and surveying. pages 2 and 4 of 5. 4 Previously,this rate was calculated using values for U.S.Treasury and California State LAIF rates reported as of March 31. Due to the availability of data required to calculate this amount,effective with this year's review the basis period is being adjusted from March back to the previous December. April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 109 of 124 Page 14 of 23 Report Regarding Environmental and Development-Related Fees and Charges Page 4 April 1, 2022 PROPOSED FEES AND CHARGES For FY 2022-23, staff recommends various adjustments to the Schedule in order to account for changes in business processes and related operating costs as described above. A comparison of the current and proposed fees and charges is included as Attachment 1 . There are 88 fees on the current schedule. Staff recommends increases to 56 items, decreases to 8, elimination of 1 fee and no change to the remaining 23. Staff is also recommending the inclusion of 2 additional fees. For those items with a pre-determined fee amount, the overall median adjustment is +4.7%. Increases Staff recommends increases to 56 of the current schedule items. These increases range from +0.4% to +12.4%, with a median increase of +5.3%. The fee increases included on this schedule are driven primarily by higher labor costs associated with each related activity. This year's CPI increase reported by the U.S. Department of Labor resulted in a 5.0% adjustment in salary expenses beginning in late FY 2021-22 which is slightly offset by a decrease in Central San's administrative overhead rate noted above. Some salary increases (particularly those for overtime and other premium salary rates) have a greater upward effect, resulting in a higher-than- average increase for fees that are heavily driven by premium labor costs. Additionally, some labor costs are projected to increase because employees in the related job classifications are projected to achieve a step or longevity increase during the fiscal year. In some cases, position reclassifications or reassignment of work assignments to staff at higher grade levels results in additional increases. The factors noted above have resulted in several above average increases when compared to the current year fee, including: • Various Application fees (A-1) (+7.9% to +8.8%): These fee increases are primarily due to the increased involvement of staff at higher levels due to the increasing complexity of the reviews performed. Additionally, the Development Services Supervisor position which has a role in these reviews was recently reclassified from S-74 to S-75. • The above-average increases for Special Approvals (A-4) (+8.7%), Reimbursement Account Transaction Fees (A-6) (+5.5%), Recycled Water Plan Review (A-2) (+12.4%), and various Inspection and Collection System-related fees (Sections B and C) (+5.5% to +8.8%) are also caused by similar adjustments to staff classification and level of effort involved. • Various Environmental Compliance Review fees (A-8) (+6.8% to +8.8%): The above-average increases for these fees are primarily driven by work duty April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 110 of 124 Page 15 of 23 Report Regarding Environmental and Development-Related Fees and Charges Page 5 April 1, 2022 reassignments and by applicable longevity increases for longer-term staff, increasing the average salary rate for the related salary categories. • This same justification also applies to Industrial Permit (F-2 and F-5) and Septage Permit (G-1) fee increases of between +5.6% and +8.2%. Decreases Staff recommends decreases to 8 of the items on the current Schedule. These decreases range from -54.4% to -0.4%, with a median of -7.4%. The primary factors related to these decreases are: realignment of work assignments to staff at different (lower) average salary levels, adjustments in the scope of a particular activity reducing staff effort required, or the replacement of incumbent staff by a new hire at a lower payroll step/longevity level. The most significant decrease calculated is for System Compatibility Review (A-3) (-54.4%), related to an adjustment in the scope of work involved which will reduce staff effort required by approximately 50%. Also of note, the Annual Interest Rate assessed on financing agreements (E-4) will decrease by 18.9% from 3.22% to 2.61%. Unchanged Staff also recommends leaving 23 of the items on the current schedule unchanged. Seven of these are indicated on the Schedule as fees where "Actual Expenses" are charged. The remainder either have no charge (e.g. Class III permits for industrial users) or are nominal amounts normally associated with other billed activities (e.g., $25/$50 for side sewer cleanout). Eliminations Staff recommends eliminating 1 fee from the Schedule (Private Pumping Plan Check (A- 3)) due to a scope change that terminates Central San's involvement in this activity. Additions Staff recommends the addition of two fees to the Schedule: • Mainline Plan Review/ Restart Application (A-2): This fee is intended to allow staff to reactivate a plan review that was previously closed before it was finalized due to inactivity on the part of the applicant and where the applicant is now requesting additional review. Implementing this fee would enable staff to "reactivate" the review without assessing an additional full review fee since some portion of the review was previously completed. April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 111 of 124 Page 16 of 23 Report Regarding Environmental and Development-Related Fees and Charges Page 6 April 1, 2022 • Recycled Water Inspection / Cross-Connection Testing (B-1): This fee is being added to reflect an increased level of effort required beyond the fee elements currently included in the existing Single Inspection Charge calculation in order to conduct appropriate tests of new recycled water connections. FINANCIAL IMPACT The fees and charges on this schedule are intended to recover Central San's labor costs, administrative overhead, and other operating expenses incurred in providing the related services. The FY 2022-23 District budget projects approximately $2.2 million in Operating and Non-Operating Revenues for Schedule-related items, consistent with the $2.2 million budgeted for these items in the FY 2021-22 budget. Although several fee increases are requested, a lower level of development is anticipated due to uncertainty in the current economic climate (specifically related to inflation and interest rates) combined with the impact of public health and other geo-political factors on future economic conditions. SUMMARY If the proposed revisions to the Schedule are adopted, 23 items will remain unchanged, 56 will increase, and 8 will decrease. Additionally, 1 item will be eliminated and 2 new items will be added to allow for more appropriate fee assessment and cost recovery. Attached Supporting Document: 1. Comparison of Current& Proposed Fees & Charges for FY 2022-23 April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 112 of 124 ATTACHMENTa4e 17 of 23 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED FEES & CHARGES FOR FY 2022-23 DRAFT Fee Category Current Fee Proposed Fee % Change DEVELOPMENTPLAN REVIEW Review of new sewer and recycled water 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) Application Fees: Basic Application (side sewer work, easement staking, permit renewal) $159 $173 8.8% Application for new sewer service - new parcel $329 $357 8.5% Application for new sewer service -existing parcel $239 $258 7.9% Commercial Application (for review of plans for a change in use or expansion of a commercial facility; $397 $368 -7.3% includes up to one hour of plan review) Commercial Application - Each additional hour $171 $186 8.8% Overflow Protection Device Installation (OPD only) no charge no charge no change Side Sewer Cleanout installation (to facilitate installation of OPD only; permit not upgradable) $25 $25 no change Non-Residential Capacity Fee Installment ° Payment Program Application Fee $514 $539 4.9/o Residential Capacity Fee Installment Program and $514 $539 4.9% Promissory Note Program Application Fee (A-2) Mainline Extensions: Plan Review (Sewer Service): Sewer Service Review(Base fee- up to 3 ° submittals) $4,187 $3,876 -7.4/°Restart Application (where design concept previously approved &complies with current Std N/A $1,871 new Specs, up to 3 submittals Each additional hour $204 $209 2.5% Manhole only(design & plan review) $1,347 $1,199 -11.0% Plan Review(Recycled Water): Recycled Water Review(Base fee- up to 8 hours) $3,119 $3,505 12.4% Each additional hour $204 $209 2.5% Recycled Water Connection only(design & plan ° review) Right of Way Document Review: Appurtenant Easements (Base fee - up to 3 ° hours) $638 $665 4.2/o Subdivision Map (each) $599 $614 2.5% Separate Instrument (Base Fee) $768 $790 2.9% Each additional hour $213 $222 4.2% Revised: April 1, 2022 Page 1 April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 113 of 124 Page 18 of 23 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED FEES & CHARGES FOR FY 2022-23 DRAFT Fee Category Current Fee Proposed Fee % Change (A-3) Private Pumping System Plan Check: Single Family Residential/ADU (Base fee up to 2 $425 N/A eliminate Multi FamilyiG MM8FG'al Rood Goo ( p e n Hours) System Compatibility Review for Pump $971 $443 -54.4% (up to 2 hours Each additional hour $213 $222 4.2% (A-4) Special Approvals $389 $423 8.7% (A-5) Annexation Fee (per District Code 6.08.030): New Annexations I Actual Expense Actual Expense no change Annexation Recovery Fee $666 $681 2.3% (A-6) Reimbursement Accounts: Set-up fee $1,435 $1,509 5.206 Transaction fee $199 $210 5.5% (A-7) Special Studies: Base fee - up to 4 hours; plus misc. costs $878 $915 4.2% Each additional hour $180 $187 3.9% (A-8) Environmental Compliance Reviews: Environmental Compliance Business Review- base fee- up to 4 hours; $1,004 $1,086 8.2% includes plan review, site visit and inspection time Each additional hour $204 $222 8.8% Grease Variance Review(includes site visit) $433 $469 8.3% Environmental Compliance o Enforcement Review and Inspection $556 $594 6.8/o Revised: April 1, 2022 Page 2 April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 114 of 124 Page 19 of 23 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED FEES & CHARGES FOR FY 2022-23 DRAFT Fee Category Current Fee Proposed Fee % Change CONSTRUCTION INSPECTION Inspection of new sewer main construction and new sewer and recycled water connections and other related work on private property(includes TV inspection when appropriate). Hours of operation, including premium and holiday schedules, are available at: www.centralsan.orp/pod/hours-directions (B-1) Inspections by type: Mainline base fee $962 $981 2.0% Mainline per foot(includes in-line manholes or $15.12 $15.42 2.0% structures) New Manhole or structure (e.g. recycled water ° meter) $1,088 $1,153 6.0%Overflow Protection Device installation (OPD only) no charge no charge no change Side Sewer Cleanout installation (to facilitate installation of OPD only) $50 $50 no change Side Sewer Installation/ Repair per 100 feet: $253 $267 5.5% Single Inspection Charge (e.g. sewer er FeGyGled water connection; encroachment verification; side sewer cap on property; tap and lateral (new or $253 $267 5.5% replacement); air test; reinspection; homeowner preconstruction inspection) Recycled water connection cross-testing N/A $695 new Manhole tap; lateral abandonment at main; pipe bursting; trash enclosure w/o trap; side sewer CIPP $506 $534 5.5% repair; outdoor grease trap only Manhole Alteration; trash enclosure with trap; $759 $801 5.5% grease interceptor abandonment Outside pump installation $1,012 $1,068 5.5% Grease/Sand /Oil Interceptor $1,518 $1,602 5.5% (B-2) Overtime inspection: First Hour(if responding from off-site) $140 $151 7.9% Weekend/Holiday-4 hour minimum $413 $448 8.5% Each additional hour $91 $99 8.8% (B 3) Inspection of non-permitted work; plus avoided $1,143 $1,202 5.206 char e s Revised: April 1, 2022 Page 3 April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 115 of 124 Page 20 of 23 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED FEES & CHARGES FOR FY 2022-23 DRAFT Fee Category Application of Fee (B-4) INSPECTION CHARGES FOR NEW CONNECTIONS (Informational Only) Current procedure at the Permit Counter is to collect all connection and inspection fees for new construction when a structure's roof is on and the rough plumbing is installed ("Roof and Rough"). Under the new procedure, a developer can choose to: 1. Connect at Roof and Rough, or 2. Connect at building foundation following the procedures outlined in the Standard Specifications. For either scenario, connection fees will be due and payable prior to permit issuance (consistent with District Code). The changes affect Category(B) Construction Inspection as shown below: Residential Connections (up to and including four units) at Roof and Rough: This fee is for inspection of new residential units connecting to CCCSD's mainline after the structure's roof is on and the rough plumbing has been installed. This fee $506 per unit $534 per unit 5.5% includes: one building connection inspection and one side sewer inspection (up to 100 feet). Additional inspections and related fees may be required. Residential Connections (up to and including four units) at building foundation: This fee is for inspection of new residential units connecting to CCCSD's mainline prior to structure being roofed and rough plumbing being installed. This fee includes: one building connection inspection, one side sewer $1,012 per unit $1,068 per unit 5.5% inspection (up to 100 feet), and two additional inspections as required per CCCSD Standard Specifications. Additional inspections and related fees may be required. Commercial/Multiple Residential Connections (more than four units) at Roof and Rough: This fee is for inspection of new commercial or multiple residential units connecting to CCCSD's mainline after structure's roof is on and the rough plumbing $506 per unit $534 per unit 5.5% has been installed. This fee includes: one building connection inspection and one side sewer inspection (up to 100 feet). Additional inspections and related fees may be required. Commercial/Multiple Residential Connections (more than four units) at building foundation: This fee is for inspection of new commercial or multiple residential units connecting to CCCSD's mainline prior to structure being roofed and rough plumbing being installed. This fee includes: one $1,265 per unit $1,335 per unit 5.5% building connection inspection, one side sewer inspection (up to 100 feet), one pre-construction meeting, and two additional inspections as required per CCCSD Standard Specifications. Additional Revised:ir�s relcia rd related fees may be required. Page 4 April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 116 of 124 Page 21 of 23 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED FEES & CHARGES FOR FY 2022-23 DRAFT Fee Category Current Fee Proposed Fee % Change COLLECTION 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 $289 $300 3.8% Minimum Charge (2 hour minimum) $578 $600 3.8% Overtime- First Hour $198 $210 6.1% Overtime - Each Additional Hour $154 $164 6.5% Overtime -Weekend / Holiday(4 hour minimum) $660 $702 6.4% (C-2) Dye test $328 $341 4.0% (C-3) Collection system repair Actual Expense Actual Expense no change (C-4) Cancelled TV Inspection without prior notice $542 $567 4.60 (C-5) Sewer locating and marking $328 $341 4.0% • Establishing right-of-way agreements and resolving conflicts. (D-1) Process Quitclaim Deeds $1,277 $1,288 0.9% Process Quitclaim Deed - plat and legal by others $814 $818 0.5% (D-2) Process Real Property Agreement, License, or Easement: Base Fee- Up to 4 hours $1,264 $1,269 0.4% Each Additional Hour $174 $171 -1.7% (D-3) F 9ht-of-way Research/ Encroachment Resolution Actual Expense Actual Expense no change (D-4) Right of Entry/Encroachment Permit Fee Base Fee- Up to 2 hours $467 $465 -0.4% Each Additional Hour $174 $171 -1.7% Revised: April 1, 2022 Page 5 April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 117 of 124 Page 22 of 23 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED FEES & CHARGES FOR FY 2022-23 D RAFT Fee Category Current Fee Proposed Fee % Change (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 no change (E-2) Soil evaluation - private sewer projects Actual Expense Actual Expense no change (E-3) Surveying Actual Expense Actual Expense no change (E-4) Annual interest rate for CADs and Septic to Sewer 3.22% 2.61% -18.9% Financing Programs Multiplier to be applied to Alhambra Valley Assessment District (AVAD) 2010-11 Parcel (E-5) Assessment Amount listed in Ordinance 262-Exhibit 1.10531 1.11084 0.5% B to determine AVAD Reimbursement Fee amounts applicable to connections in FY 2022-23. Multiplier to be applied to St. Mary's Road (E-6) Contractual Assessment District(CAD) 2011-1 1.00633 1.01136 0.5% Reimbursement Fees listed in Ordinance 279-Exhibit B. Applicable to connections in FY 2022-23. (E-7) Returned Check/ Insufficient Funds Fee $40 plus $40 plus no change bank fees bank fees Up to 10% of Up to 10% of unpaid amount unpaid amount (E-8) Delinquent/ Late Payment Fee due plus 1.5% per due plus 1.5% per no change month on unpaid month on unpaid balance balance (E-9) Document/ Plan Copying Fees: 8 1/2" x 11", 8 1/2" x 14"; 11"x 17" (per sheet) $0.20 $0.20 0.0% 24" x 36" Plan (per sheet) $4.00 $4.00 0.0% CCCSD Standard Specifications $25.00 $25.00 0.0% CCCSD Standard Specifications (Pocket Guide) $5.00 $5.00 0.0% Revised: April 1, 2022 Page 6 April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 118 of 124 Page 23 of 23 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED FEES & CHARGES FOR FY 2022-23 DRAFT Fee Category Current Fee Proposed Fee11 % Change (F) INDUSTRIAL PERMIT FEES Permitting and inspection of industries and other commercial dischargers to ensure availability and use of pretreatment processes. (F-1) Class I Fees (Base fee plus cost of District's lab Actual Expense Actual Expense no change analysis) (F 2) Class II Fees (Base fee plus cost of District's lab $3,852 $4,168 8.2% analysis) (F-3) Class III Fees (Base fee plus cost of District's lab no charge no charge no change analysis) (F-4) Industrial user permit application fee no charge no charge no change (F-5) Special discharge permit application fee (*): No on-site inspection, no capacity review $357 $385 7.8% On-site inspection $898 $964 7.3% Additional charge for capacity review(Required o for discharges >50 m) $260 $263 1.2/o DISPOSAL Sampling and disposal of septic waste and grease. (G-1) Annual permit fee $1,473 $1,555 5.6% (G-2) Residential septic/toilet waste: < 2,000 gallons $40 + $0.15/gal $40 + $0.15/gal. no change > 2,000 gallons $80 + $0.15/gal $80 + $0.15/gal. no change (G-3) Restaurant grease waste: < 2,000 gallons $40 + $0.03/gal $40 + $0.03/gal. no change > 2,000 gallons $80 + $0.03/gal $80 + $0.03/gal. no change (*)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: April 1, 2022 Page 7 April 19, 2022 Regular FINANCE Committee Meeting Agenda Packet- Page 119 of 124