HomeMy WebLinkAbout04.a.2. PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO ADOPT AN UNCODIFIED "SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND CHARGES"4.a.2)
PUBLIC HEARING TO RECEIVE COMMENTS
ON A PROPOSED ORDINANCE TO ADOPT AN UNCODIFIED
"SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT-RELATED RATES AND CHARGES"
SUGGESTED AGENDA
April 15, 2010
Request Staff Report
II. Hearing
A. Open Hearing:
B. Receive comments, if any.
C. Close Hearing.
III. Discussion
IV. Recommended Actions:
A. Adopt the proposed ordinance to adopt an uncodified "Schedule of
Environmental and Development-Related Rates and Charges" including
the following findings:
• The District incurs substantial costs to provide environmental
and development-related services.
• It is necessary to charge customers and other users to recover
the reasonable cost of providing the services.
• The proposed rates and charges reasonably represent the actual
District costs to provide the services.
• The proposed fees, rates and charges are exempt from the
California Environmental Quality Act (CEQA).
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04-15-10.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: Aprll 15, 2010 No.: 4 a 2) ; public Hearings
Type otAction: CONDUCT A PUBLIC HEARING; ADOPT ORDINANCE
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN
ORDINANCE REPLACING THE UNCODIFIED "SCHEDULE OF ENVIRONMENTAL
AND DEVELOPMENT-RELATED RATES AND CHARGES" ADOPTED PURSUANT
TO ORDINANCE 255 IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30
Submitted By: Initiating Dept./Div.:
Jarred Miyamoto-Mills, Principal Engineer Engineering/Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
v ~ ~~
J. amoto-Mills C. Swanson A. Farrell K. Alm mes Ily,
neral Manager
ISSUE: District Code Chapter 6.30 requires that a public hearing be held prior to the
Board of Directors' consideration of an ordinance to adopt an uncodified "Schedule of
Environmental and Development-Related Rates and Charges."
RECOMMENDATION: Conduct a public hearing to receive comments regarding a
proposed ordinance to adopt an uncodified "Schedule of Environmental and
Development-Related Rates and Charges" in accordance with District Code Chapter
6.30. Adopt findings and the proposed ordinance.
FINANCIAL IMPACTS: The proposed fees, rates and charges are designed to recover
the District's direct and indirect labor costs, other operating costs, and administrative
overhead costs incurred in providing environmental and development-related services.
Staff estimates that increased revenue in the fee categories where fee increases are
recommended will be modest.
BACKGROUND: Chapter 6.30 of the District Code includes provisions for the Board to
adopt an uncodified schedule of rates and charges for environmental and development-
related services provided to 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 main line extensions,
addition of new sewers, parcels, and permit information to District maps, administration
of Source Control permits and inspections, and septage and grease hauler permitting,
sampling, and treatment.
The State of California mandates that revenues not exceed the cost of providing
services. The District's rates and charges are evaluated annually to determine whether
changes are appropriate. This year, staff conducted a comprehensive review of all
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FINAL 04-15-2010.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: April 15, 2010
subject. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING AN
ORDINANCE REPLACING THE UNCODIFIED "SCHEDULE OF ENVIRONMENTAL
AND DEVELOPMENT-RELATED RATES AND CHARGES" ADOPTED PURSUANT
TO ORDINANCE 255 IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30
rates and charges that included consideration of: 1) increased salaries, benefits and
overhead; and 2) adjustment of the mileage rate for those charges that include a
mileage factor.
Following its review, staff recommends increases between 1.6 and 9.0 percent for most
fees, an 18.8 percent decrease for one fee, and no change for several fees. For six
fees where more significant increases affecting a small number of customers were
calculated, staff recommends that the increases be phased in over athree-year period.
The proposed increases for these six fees for 2010-11 range from 6.7 to 18.7 percent.
Phased increases for four of these fees were approved in 2009-10, and so this year's
increase is the second of the three annual increases. Two additional fee increases are
proposed for three-year phase-in beginning in 2010-11. Staff also recommends adding
new items providing no-cost permits for Overflow Protection Device installation, and
lower fee permits for side sewer cleanout-only installation.
Staff conducted a coordinated outreach program to inform and solicit input from
iriterested customers regarding the proposed Capacity Fees and the proposed
Environmental and Development-Related Fees, Rates and Charges. Notices of the
public hearing were posted and published in the Contra Costa and San Ramon Valley
Times. In addition, over 440 letter reports including the proposed schedule of rates and
charges were distributed to developers, engineers, architects, contractors and
representatives of the Home Builders' Association of Northern California, the
Engineering and Utilities Contractors' Association, the Associated Building Contractors
Golden Gate Chapter, and others who have requested notice of fee increase proposals.
This effort to invite public comment was pursued to encourage affected customers to
provide input during the rate-setting process. Comments submitted by the public during
the review period will be presented to the Board of Directors at the public hearing.
The Budget and Finance Committee reviewed the proposals at its March 15, 2010
meeting and recommends approval. The proposals were also presented in the General
Manager's Report at the Board's regular meeting on March 18, 2010.
RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments
regarding a proposed ordinance to adopt an uncodified "Schedule of Environmental and
Development-Related Rates and Charges' in accordance with District Code Chapter
6.30. Adopt findings and the proposed ordinance. Four affirmative votes are required
for adoption.
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ORDINANCE NO. 259
AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ADOPTING AN UNCODIFIED SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT-RELATED RATES AND CHARGES
IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.30
WHEREAS, the Board of Directors (Board) of the Central Contra Costa Sanitary District
(CCCSD) finds that CCCSD incurs substantial costs to provide various environmental
and development-related services, such as, but not limited to, administration and
processing of annexations, customer assistance at the permit counter, plan review and
inspection for sewer line installation, alteration, replacement and repair, the inclusion of
new information on District maps, administration and permit inspection related to the
Source Control Program, permitting of septage and grease haulers, and treatment of
grease and septage at the treatment plant; and
WHEREAS, the Board finds that it is necessary to charge customers and other users of
CCCSD services to recover the reasonable cost of providing said services; and
WHEREAS, CCCSD staff has comprehensively analyzed the actual cost of providing
the various environmental and development-related services listed above based on
direct costs, staff costs and overhead for time and effort incurred to provide listed
services; and
WHEREAS, the Board finds that the Schedule of Environmental and Development-
Related Rates and Charges, as reflected in Exhibit "A" to this Ordinance, reasonably
represents the actual costs to provide the services delineated in said Schedule of Rates
and Charges; and
WHEREAS, the CCCSD Board of Directors finds that this action is categorically exempt
from the California Environmental Quality Act (CEQA) pursuant to Section 15273 (a)(1)
and (3) of the State CEQA Guidelines, in that the rates and charges are being charged
merely to reimburse CCCSD for staff costs and expenses;
THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does
hereby ordain as follows:
Section 1 (To be uncodifiedl
The Schedule of Environmental and Development-Related Rates and Charges as set
forth in full in Exhibit "A" to this Ordinance, which exhibit is hereby incorporated in full
herein by this reference, is hereby adopted in uncodified form pursuant to the provisions
of District Code Chapter 6.30. As of the effective date of this Ordinance, the fees, rates
and charges for each environmental and development-related service shall be as set
forth in said schedule, and shall remain in effect until amended or replaced by
Ordinance.
Ordinance No. 259
Page 2 of 2
Section 2
All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are repealed. The provisions of this ordinance, insofar as they are substantially the
same as existing provisions relating to the same subject matter shall be construed as
restatements and continuations thereof and not as new enactments. To the extent this
ordinance or any portion or section of this ordinance is determined invalid or
unconstitutional, such portions of Ordinance No. 255 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. 255 have not been repealed.
With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken,
prior to the effective date of this Ordinance, under any chapter, ordinance, or part of an
ordinance, such chapter, ordinance or part of an ordinance shall be deemed to remain
in full force for the purpose of sustaining any proper suit, action, or other proceedings,
with respect to any such violation, right, liability or appeal.
Section 3
This Ordinance shall be a general regulation of the District and shall be published in the
Contra Costa Times, a newspaper of general circulation, published and circulated within
the Central Contra Costa Sanitary District and shall be effective as of July 1, 2010.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 15th day of April 2010, by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Michael R. McGill-
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central
County of Contra Costa,
Approved as to form:
Contra Costa Sanitary District
State of California
Kenton L. Alm
Counsel for the District
EXHIBIT A
CENTRAL CONTRA COSTA SANITARY DISTRICT
SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES 8 CHARGES
(Uncodified)
This schedule of Environmental and Development-Related rates and Charges (to be effective July 1, 2010) was
established by the Central Contra Sanitary District Ordinance No. 259, adopted April 15, 2010.
Fee Category Amount
(A) DEVELOPMENT AND PLAN REVIEW
Review of new sewer plans and related documents; review of plans for and processing of residential and
commercial permit applications; installer reimbursement of sewer construction costs from subsequent
connectors; identification of right-of-way conflicts; and interest rates for District programs.
(A-1) Development Review:
Mainline Plan Review (actual cost):
Base Fee (minimum charge) $2,179
Each additional hour in excess of base fee $132
Special Cut Sheet Review $208
Manhole only design & plan review $886
Right of Way Document Review - IOD /Sub Map (each): $594
Right of Way Document Review - No Changes Required $390
Right of Way document review -Appurtenance (initial): $539
Appurtenance (each additional) $206
(A-2) Application Fees
Overflow Protection Device installation No Charge
Side Sewer Cleanout installation $25
Basic Application (side sewer work, easement staking, permit renewal) $95
Existing parcel -new sewer service $130
New parcel -new sewer service $209
Commercial Application $200
Capacity Use Program $246
(A-3) Reimbursement Accounts:
Set-up fee $876
Transaction fee $147
(A-4) Commercial Business Plan Review (change in RUE value) $128
Special Studies
Base fee (4 hours plus misc. costs) $522
Each additional hour $113
Source Control Review $220
Grease Variance Review (includes site visit) $296
Site Collector Plan Check -formerly "Commercial Development Plan Check" $251
(A-5) Private pumping system plan check $373
Additional Review $147
Pre-approved Pump Systems $147
Annexation Fee $392
(A-7) Special Approvals $216
Page 1
EXHIBIT A
CENTRAL CONTRA COSTA SANITARY DISTRICT
SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES 8 CHARGES
(Uncodified)
This schedule of Environmental and Development-Related rates and Charges (to be effective July 1, 2010) was
established by the Central Contra Sanitary District Ordinance No. 259, adopted April 15, 2010.
Fee Category Amount
(B) CONSTRUCTION INSPECTION
Inspection of new sewer main construction and new connections and other sewer work on private property
(includes TV inspection when appropriate).
(B-1) Mainline Inspection (contributed assets):
Base Fee $626
Per Foot Charge (in street) $9.98
Per Foot Charge (in undeveloped land) $6.87
New Manhole, Rodding Inlet $621
(B-2) Inspections by type:
Overflow Protection Device installation No Charge
Side Sewer Cleanout installation $50
Side Sewer Installation I Repair per 100 feet: $149
Single Inspection Charge (e.g. sewer connection; encroachment verification; side
sewer cap on property; tap and lateral (new or replacement); air test; reinspection;
homeowner preconstruction inspection)
$149
Manhole tap; lateral abandonment at main; pipe bursting; trash enclosure
w/o trap; side sewer CIPP repair $298
Manhole Alteration; trash enclosure with trap $447
Outside pump installation $447
New Manhole or Rodding Inlet (private) $596
Grease / Sand I Oil Interceptor I Trap $894
(63) Overtime inspection:
First Hour (if responding from off-site) $91
Every hour thereafter $61
Weekend/Holiday (New Year's Day, Martin Luther King, President's Day,
Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving, Christmas) - 4 hr.
minimum
$274
(B-4) Inspection of non-permitted work (+ avoided charge) $298
Page 2
EXHIBIT A
CENTRAL CONTRA COSTA SANITARY DISTRICT
SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES & CHARGES
(Uncodified)
This schedule of Environmental and Development-Related rates and Charges (to be effective July 1, 2010) was
established by the Central Contra Sanitary District Ordinance No. 259, adopted April 15, 2010.
Fee Category Amount
(C) COLLECTION SYSTEM SERVICES
TV inspection of sewers conducted separate from a construction inspection activity; verification of sewer
location and sewer service connection.
(C-1) Nlnspection:
Weekday, hourly rate $196
Minimum Charge (2 hr min) $392
Overtime -First Hour $134
Overtime -Each Additional Hour $108
Overtime - Weekend I Holiday (4 hr min) $458 '
(C-2) Dye test $257
(C-3) Collection system repair Actual Expense
(C-4) Cancelled N Inspection without prior notice $345
(C-5) Sewer locating and marking $222
(D) RIGHT-OF-WAY
Establishing right-of-way agreements and resolving conflicts.
(D-1) Process Quitclaim Deeds $945
Process Quitclaim Deed -plat and legal by others $571
(D-2) Process Real Property Agreement, License, or Easement
Base Fee (minimum charge) $776
Each Additional Hour (after 2 hours) $122
(D-3) Right-of-way Research /Encroachment Resolution Fee Actual Expense
(D-4) Right of Entry /Encroachment Permit Fee $146
(E) MISCELLANEOUS
District services provided for private sewer projects.
(E-1) Engineering -private sewer projects Actual Expense
(E-2) Soil evaluation -private sewer projects Actual Expense
(E-3) Surveying Actual Expense
(E-4) Minimum annual interest rate for CADs and Capacity Use Program 6.00%
Document I Plan Copying Fees
8 1l2" x 11"; 8 1/2" x 14"; 11" x 17" (per sheet) $0.15
24" x 36" Plan (per sheet) $3.00
CCCSD Standard Specifications $20.00
Page 3
EXHIBIT A
CENTRAL CONTRA-COSTA SANITARY DISTRICT
SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES & CHARGES
(Uncodified)
This schedule of Environmental and Development-Related rates and Charges (to be effective July 1, 2010) was
established by the Central Contra Sanitary District Ordinance No. 259, adopted April 15, 2010.
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 permit fee of
$3,256 + cost of
District's lab analysis
(F-2)
Class II Fees Base permit fee of
$3,256 + cost of
District's lab analysis
(F-3) Class III Fees $0
(F-4) Industrial user permit application fee $0
(F-5) Special discharge permit application fee (*)
No on-site inspection $65 each
On-site inspection Base fee of $345
(G) SEPTAGE DISPOSAL (")
Sampling and disposal of septic waste and grease.
(G-1) Annual permit fee $1,650
(G-2) Residential septic/toilet waste
< 2,000 gallons $18 + $0.14/gal
> 2,000 gallons $58 + $0.14/gal
(G-3) Restaurant grease waste
< 2,000 gallons $18 + $0.02Igal
> 2,000 gallons $58 + $0.02Igal
(`) 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.
Page 4
6.a.1)
Central Contra Costa Sanitary District
April 8, 2010
TO: THE HONORABLE BOARD OF DIRECTORS
VIA: JAMES M. KELLY, GENERAL MANAGER
ANN E. FARRELL, DIRECTOR OF ENGINE IN
FROM: CURTIS W. SWANSON, DIVISION MANAGER ~~
SUBJECT: REQUEST BY WATEREUSE CALIFORNIA TO SUPPORT THE $11.14
BILLION STATE WATER BOND ISSUE
In November 2009, the State Legislature passed a series of five bills that are known
collectively as the 2009 California Water Legislation. One of the five bills is an $11.14
billion bond issue that will be subject to approval by the voters in the upcoming
November General Election.
WateReuse California, of which the District is a member, is supporting the bond issue.
The association has requested that its members formally support this Water Bond
because of the opportunity for funding of local and regional water recycling projects.
Staff is seeking guidance from the Board on whether the District should support this
bond issue.
The Safe, Clean, and Reliable Drinking Water Reliability Act of 2010 is an $11.14 billion
general obligation bond proposal that would provide funding for water infrastructure
projects and for projects or programs to address ecosystem and water supply issues in
California. The bond is comprised of the following seven categories: drought relief,
water supply reliability, Delta sustainability, statewide water system operational
improvements, conservation and watershed protection, groundwater protection and
water quality, and water recycling and water conservation. The funding breakdown of
the bond issue by category is shown on the attached pie chart.
The bond designates $1.25 billion for water recycling and water conservation. Funds
for the bond issue would be available for local and regional water recycling projects.
Eligible projects include advanced treatment technology projects that recycle water or
remove salts acid other contaminants from water sources.
Funds for this category would also be available for agricultural and urban water
conservation and water use efficiency projects or programs. One of the requirements of
the 2009 California Water Legislation is for urban water agencies to reduce statewide
water per capita water consumption by 20 percent by the year 2020.
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The State Water Bond, if passed by the voters, could provide funds for District water
recycling projects such as the Concord Recycled Water Project, the Contra Costa
County Refinery Recycled Water Project, and extension of the existing recycled water
distribution system to serve other customers in our Zone 1 Recycled Water Service
Area.
At the Board meeting on April 15, 2010, I will present additional information and will
answer questions about the State bond issue.
CWS/nap
Attachment
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Item No. 6.a.1
California
Safe, Clean & Reliable Water
Supply Act of 2010
Curtis Swanson
April 15, 2010
~,~., Request for Bond Support
. WateReuse California has asked its
members to support the bond.
. CCCSD is a founding member of
WateReuse California & its parent
WateReuse Association.
. WateReuse promotes beneficial use of
recycled water.
i
~~- 2009 Water Legislation
c-~
.Special Legislative Session called by the
Governor.
. 5 bills passed on November 4, 2009
. Signed by Governor November 6-12,
2009
.,Became effective January 1, 2010.
. Sets policy, framework, & proposed
funding for solving Delta problems.
Senate Bill X7-2
r~l~ Water Supply Act of 2010 -Bonds
_~~.... -
. $11.14 billion in general obligation bonds.
. Must be approved by statewide general
election to be held November 2, 2010.
. Bond comprised of 7 program categories.
. Spread over 12 hydrologic regions as defined
in 2009 California Water Plan.
. No more than $5.57 billion in bonds may be
sold before July 2015.,
z
Safe, Clean, and Reliable Drinking Water Act of 2010
water RaoyHlnq ene
Water COruervetlon
Sta[ewlee Water $yatam 1 25 billion
Operallanal Irryrovemant Grounexater Protection
30 billion end Water Ouallry
t.obnnon
\~
~~.~
Oraugnt Pallel
1
,
'. ~/. L'~~~ 655 mHllon
~~~~~~~~~~~~~~~ Water GUDPry HelleDlliry
•""`••••`•`
1 c blllbn
~
Oelb SUStaIraDlllry """"
225 Glllm `~~~
Canaervatlen ene
Watennee Protaceon
t.~es eallan
Proposed Bond Funding for
,~~.San Francisco Bay Region
. $132 million for Water Supply Reliability
Projects.
. Eligible for share of $2.25 billion for
Delta Sustainability.
. Eligible for share of $6.38' billion for
water management, recycling &
conservation projects or programs.
3
,--~I-:Water Recycling
C -
. $1.0 billion for water recycling & advanced
treatment projects including:
Recycled water treatment facilities
Distribution systems
Seawater desalination
Groundwater recharge
Pilot treatment studies
. Grants or loans could be up to 50%; local
cost share would be at least 50%.
Potential CCCSD Applications
,~.I~for Water Bond Funding
C ~.
. Concord Recycled Water Project
. Contra Costa Refinery Recycled Water
Project
. Extension of Zone 1 Recycled Water
Distribution System
. Replacement or renovation of filters
4
Statewide Water System
Improvements
-C ~ --
$3 billion for additional water storage.
. Eligible storage projects identified in
CALFED Bay-Delta Record. of Decision.
,.~' ~~ Storage Alternatives
C
. Shasta Lake Enlargement (300 TAF)
. Sites Reservoir (1900 TAF)
. In-Delta Storage (250 TAF)
. Los Vaqueros Expansion (400 TAF)
. Temperance Flat Reservoir (200-700
TAF)
. Groundwater Storage (500-1000 TAF)
5
~~~ Projects Not Included in Bond
_~ _ ---
. Bond does not include any funds for
Delta conveyance facilities such as a
peripheral canal or tunnel.
,! .~~ Water Bond Supporters
C ~ _. .
. WateReuse California
. Association of California Water Agencies
. Contra Costa Water District
. California Chamber of Commerce
. Silicon Valley Leadership Group
. Nature Conservancy
. Metropolitan Water District
. California Alliance for Jobs
. Western Growers Association
6
r`.,~ Water Bond Opponents
. California Rural Assistance Foundation
. Planning & Conservation League
. Sierra Club California
. Service Employees International Union
. California School Employees Association
. Yolo County Board of Supervisors
. Friends of the River
. United Farm Workers
~~Next Steps
_C ~ .._._..~. _.._
. Discuss & provide direction to staff
regarding support of Water Bond.
. Options are to oppose, support or
remain neutral on the bond issue.
. If Board desires, staff will prepare
resolution of support for adoption at a
future meeting.