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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). N:\ENVRSEC\Position PapersVvliyamoto-Mills\2010\Env. Rate & Chgs. - 2010Wgenda PH re Environ Rates and Charges FINAL 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 N:\ENVRSEC\Position PapersUVliyamoto-MiIIst2010\Env. Rate 8 Chgs. - 2010\PP to Conduct Public Hearing Rates & Charges 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. N:\ENVRSEC\POSition PapersWliyamoto-MiIIst2010\Env. Rate & Chgs. - 2010\PP to Conduct Public Hearing Rates & Charges FINAL 04-15-2010.doc Page 2 of 2 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. N:\ENVRSECWdmin\Swanson\Memos\2010\2009 Water Bond Summary Board Memo 4-70.doc Page 1 of 3 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 N:\ENVRSECWdmin\SwansonUAemos\2010\2009 Water Bond Summary Board Memo 4-1 O.doc Page 2 of 3 O r N ++ V Q L ~+ .i _~ .Q !~ _~ U ~ c c o R ;~, ~ ~ _ ~ c - ~ ,o .~ N v ~ ~ V N L ~ r a .. c = o :a }. ,, U .+ ~ - p ~ ~ d ~ o - d C'J o y o _ ~+- ~- ~- ~~ m ~ ~ ~ .. ~ ~ ~ R o t cn 3~T ~'n ' c ~ 'p O a~ ~ ~ n ~ Q ~, ~ c o R .. ~ m a o ~ _ j ~ ~ ~ N !6 ." a, ~ ° . ~° o 0 ~ .~ ~ ~ ~ ~ O c .a .o = U R ~ _ w C p p ,O d :n > ~ ~n ~ = o^o N ~ ` ~ O d U 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.