Loading...
HomeMy WebLinkAboutMINUTES - 05231989 - T.1 1 T.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 23 , 1989 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak, and Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: CCC Sanitation District No. 15, Ordinance No. 16 The Board of Supervisors, as the governing body of Contra Costa County Sanitation District No. 15, on May 2, 1989 fixed this date and time for hearing on proposed Ordinance No. 16 amending Ordinance No. 1 of Sanitation District No. 15, and for establishing the annual sewer and water services charges for fiscal year 1989-90 and adopting the Oakley Water District Standards as the District' s Standards for water systems. Supervisor Torlakson discussed at length the issue of dry boat storage rate and the whole rate structure on the Bethel Island/Sandmound area. He advised that on the recommendation of the Advisory Committee, the board in 1987 adopted an ordinance including a rate schedule to include dry boat storage spaces at a rate equal to wet berths at .07, but that had created a lot of controversy. Supervisor Torlakson advised that he was recommending to the Board today that it proceed with a level of fee for dry boat storage spaces and then have a two-phased study over the next 18 months checking on peak summer days and peak boat usage days what the actual use is and collect all data available and have it reviewed by the Citizen' s Advisory Committee, have it done in two phases so that based upon the data collected this summer, the Fiscal Year 1990-91 rate could be raised or lowered, it can be adjusted in either direction at that time. He suggested that the .025 rate that he recommended be a temporary rate to be adjusted up or down. Supervisor Torlakson noted that there is another issue that came to his attention which he did not believe was included in the draft ordinance, which is eliminating the boat launch fee which is a one-unit charge or $300, which he suggested could be absorbed into the business if a public boat launch is part of a business, and if the boat launch is a private boat launch that doesn' t have public access, then that'boat launch would be exempted from that fee. Supervisor Torlakson advised that there was an item he wished to put into the record so that the public and future Boards would have some guidance, and that is that the .025 rate for dry boat storage may be too low or too high, and that a mechanism needs to be worked out to provide a vehicle to adjust that fee after the usage data has been collected. County Counsel commented that it is proposed to collect the fee on the tax roll and that is fixed for the entire year and it is not possible in some subsequent future year to collect for prior years when the rate was fixed on the tax roll. He noted that the example used by Supervisor Torlakson of Delta Diablo Sanitation District was different in that they used a billing system based on metering and did not collect the service charge for those businesses via the tax roll. Supervisor Torlakson directed staff to attempt to develop a method for either reimbursement and/or surcharge to collect what the district would have collected if the .025 is too low, noting that although the existing ordinance for fiscal year 1988/89 does have a charge for dry boat storage of .07, this charge was stayed because he felt that it was not fair and he felt that there had not been adequate public discussion or notices to the businesses and therefore he is recommending .025 instead of .07 as a way to get started collecting some money. Supervisor Torlakson stated that there is one remaining issue which needs to be worked out, that while the rate of .07 for wet berths was set by Sanitation District 15, the Oakley Bethel Island Wastewater Management Authority (OBI) has a rate of .1 for wet berths and also included dry boat storage spaces at that .1 rate, so they have been collecting more than Sanitation District 15 has, and he would like a letter drafted for his review to be sent to OBI to ask it to review its rate and to look at bringing it in line and reimbursing those who have been overcharged in that period of time. Supervisor Torlakson then opened the public hearing. No one appeared to speak. The public hearing was closed. As recommended by Supervisor Torlakson, IT IS BY THE BOARD ORDERED: 1. That it be noted strongly that Supervisor Torlakson wants a two-phase study process on the ,rate for boat berth spaces and dry boat storage spaces, that he considers the rate of .025 for dry boat storage spaces to be temporary while data is gathered over the next 18 months; and that as soon as possible, staff is to develop a methodology for data gathering and analysis so that it can be reviewed by the Citizen' s Advisory Committee, the public and the Board. 2. That a letter be written to the Oakley Bethel Island Wastewater Management Authority expressing concerns about the .1 rate that it has established that is higher than the Sanitation District' s .07 rate for boat berths. 3. That a unit multiplier of 1. 0 for public boat launch facilities be added back into Ordinance No. 16. 4. That if, in the study process, it is determined that there has been an undercharging, an appropriate mechanism be developed for the quickest method of getting the District' s funds collected at the higher level for dry boat storage spaces, with a 30-day deadline for people to pay the differential. 5. That CCC Sanitation District Ordinance No. 16 as amended is adopted. i hereby certify that this Is a true and oomect copy of r an action taken and entered on the minutes of the cc: Public Works Board of supervisors on the date"m Count Counsel ATTESTED: �3- /9 r 9 Y PHIL BATCHELOR,Clerk of the Board CCC San. Dist. 15 (via ES) of Supmvisom and County Administrator Auditor Controller By �� ,Deputy ORDINANCE NO. 16 BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY i AS AND CONSTITUTING THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 15 AN ORDINANCE ESTABLISHING THE ANNUAL SEWER AND WATER SERVICE CHARGES FOR FISCAL YEAR 1989-90 AND ADOPTING THE OAKLEY WATER DISTRICT STANDARDS AS THE DISTRICT'S STANDARDS FOR WATER SYSTEMS The Board of Supervisors of Contra Costa- County, as and constituting the Board of Directors of Contra Costa County Sanitation District No. 15, ordains as follows: SECTION 1. DEFINITIONS. Section 2 of District Ordinance No. 1, as amended by Ordinance No. 13, is amended to change the definitions of the terms "dry boat storage" and of "Standandard Specificiations, " to read: SECTION 2 . DEFINITIONS. 2. 1. Terms and Definitions. The following terms when used in this Ordinance shall have the following respective meanings: (a) "Auditor-Controller" shall mean the County Auditor- Controller of Contra Costa County. (b) "Board" shall mean the Board of Directors of the District. (c) "Boat Berth Space" shall mean an area which could be occupied by a boat along side or contained in a floating or fixed facility constructed for the purpose of securing and/or sheltering boats while on the water. (d) "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen required in the biological oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degree C, expressed in milligrams per liter. (e) "Clerk" shall mean Clerk of the Board. (f) "Commercial Owner" shall mean any owner who is not a residential owner or institutional owner. (g) "Commercial sewerage service" shall mean the furnishing of sewerage service to the premises of any commercial owner. (h) "District" shall mean Contra Costa County Sanita- tion District No. 15. (i) "Domestic Sewage" shall mean the water-borne waste derived from the ordinary living processes, and of such character as to permit satisfactory disposal without special treatment by the system. (j) "Domestic Sewerage Service" shall mean the furnish- ing of sewerage service to the premises of any owner from which domestic sewage originates. (k) "Dry boat storage space" shall mean a covered or uncovered area within a premises customarily used for the purpose of storing a boat. (1) "Engineer" shall mean the Public Works Director of Contra Costa County, as Engineer ex officio of the District, or his designated deputy, or any other person designated by the Board to perform the services or make the determinations permitted or required under this Ordinance to be made by the Engineer. (m) "Family" shall mean any one or more persons using a single family dwelling unit. (n) "Identifiable commercial activity" shall mean any activity proposed to be or presently being conducted on the premises of any commercial owner and which can be identified as separate and/or different from any other activity proposed to be or presently being conducted on the premises. (o) "Industrial Liquid Waste" Shall mean any liquid waste requiring special treatment or processing, such as liquid waste from industrial manufacturing processes, trade or business as distinct from domestic sewage to which chemicals have been added or septic tank sludge. (p) "Institutional owner" shall mean any owner, public or private, operating a public or nonprofit activity, such as school, church, hospital, lodge, club, fire department, library, or memorial building. (q) "Installer" shall mean a person, firm, corporation, or other legal entity or taxing agency, including the District, who installs or causes to be installed a public sewer which will connect to the District's sewerage service system. (r) "Levee" shall mean any embankment constructed along the waterways for flood control purposes. (s) "Lodging Unit" shall mean any unit of one or more rooms having one or more plumbing fixtures suitable for lodging for one or more persons, but without kitchen or laundry facilities, in any rooming house, hotel, motel, or boatel. (t) "Main extension" or "sewer extension" shall mean the extension of any truck sewer or main sewer, exclusive of side sewers and service connections. (u) "Main Sewer" shall mean a public sewer which has been or is being constructed to accommodate more than one side sewer. (v) "Marina" shall mean any commercial or publicly- owned enterprise constructed along the waterways having boat berthing and other facilities for the use of the general public. (w) "Mobile home" shall mean motorized or non-motorized vehicle containing facilities for sleeping which may or may not contain plumbing facilities, and the dimensions are such that the product obtained by multiplying the length by the width shall be equal to or greater than 320 square feet. (x) "Mobile Home Space" shall mean an area with a facility for connecting to the sewer within a mobile home park or other premises, which could be occupied by a mobile home. (y) "Multiple Dwelling Structure" shall mean any two or more single-family dwelling units in any single building or structure, or group of buildings or structures, including, but not limited to, any apartment house or apartment court. 2 ORDINANCE NO. 16 (z) "Multiple Lodging Structure" shall mean any two or more lodging units in any single building or structure, or group of buildings or structures, including, but not limited to, and rooming house, hotel, motel or boatel. (aa) "Occupant" shall mean any person actually occupying any premises, whether as owner or tenant or under contract or otherwise. (bb) "Owner" or "Owner of record" shall mean the person shown as the owner on the most current assessment roll of Contra Costa county, or the person owning a building located on land owned by another person. (cc) "pH" shall mean the logarithm of the reciprocal of the hydrogen ion concentration. (dd) "Person" shall mean any human being, individual, firm, company, partnership, association, and private, public or municipal corporation, the United States of America, the State of California, districts, and all political sub- divisions and governmental agencies thereof. (ee) "Premises" shall mean any lot, or any piece or parcel of land comprising one or more lots of record in one ownership, or any building or other structure, or any part of any building or structure used or useful for human habitation or gathering or for carrying on a business or occupation or any commercial or industrial activity. (ff) "Recreational Vehicle" shall mean a motorized or non-motorized vehicle containing facilities for sleeping which may or may not contain plumbing facilities. The length shall be less than 40 feet and the dimensions are such that the product obtained by multiplying the length by the width shall be less than 320 square feet. (gg) "Recreational Vehicle Space" shall mean an area of sewered premises upon which an occupied recreational vehicle may be parked. The space may or may not have facilities for connecting to the sewer. (hh) "Residential Owner" shall mean any owner who is not a commercial owner or institutional owner. (ii) "Sanitary Disposal Station" shall mean any facility which receives, or is designed to receive, domestic sewage which has been stored prior to discharge to the facility. di) "Sewage" shall mean domestic sewage or industrial liquid waste, or both. (kk) "Sewerage Service" shall mean the services and facilities furnished or available to premises by the District's sewerage service system for the collection, treatment, and disposal of sewage. (11) "Sewerage Service System" shall mean the sewage collection and disposal system together with all extensions, additions, or improvements thereto at any time heretofore or hereafter made, including all truck and main sewers within or without the boundaries of the District and appurtenant to said sewage disposal system, and any pump stations, sewage treatment facilities, and appurtenances serving or used by the district, hereinafter referred to as "System. " (mm) "Sewer Service Unit" hereinafter referred to as "unit, " shall mean a measure service provided which is, in part, based upon the volume and strength of the sewage flow. 3 ORDINANCE NO. 16 (nn) "Side Sewer" shall mean a privately owned and maintained sewer which connects the plumbing system of any house or other building to a main sewer, including any holding tanks, pumping units, and force systems. The side sewer begins at the point of connection to the main sewer (including that branch of the wye by which connection is made, or saddle, or other means of connection) and for houses and other buildings terminates at the point of connection to the plumbing system two feet outside the foundation, and shall not be considered as part of the "sewerage service system" as defined above. (oo) "Single-Family Dwelling Unit" shall mean any dwelling of one or more rooms or each group of rooms in any single or multiple dwelling structure constituting a dwelling unit suitable for residential occupancy by any number of persons living together as a single family, said dwelling having one or more plumbing fixtures. (pp) "Standard Specifications" for all sewer system work shall mean the Central Contra Costa Sanitary District Standard Specifications and addenda and for all water system work shall mean the Oakley Water District Standard specifications and Drawings and addenda, latest edition, and subsequent revisions and amendments, and are by this reference incorporated herein as though fully set forth. (qq) "Street" shall mean any public highway, road, street, avenue, alley, way, easement, or right-of-way in the District. (rr) "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in, water sewage, or other liquids, and which are removable by laborat- ory filtering. , (ss) "Tax Collector" shall mean the County Tax Collector of Contra Costa County. (tt) "Treasurer" shall mean the County Treasurer of Contra Costa County. (uu) "Trunk Sewer" shall mean a public sewer which has been or is being constructed to accommodate more than -one main sewer. (vv) "Water Service Unit" shall mean the water service provided to a water service connection. For Zones 1, 2 and 3 "unit" shall mean a water service unit. SECTION 2. ESTABLISHMENT OF UNIT. Section 5. 3 of District Ordinance No. 1, as amended by Ordinance No. 3, 7, 10, 12, and 13, is amended to read as follows: Section 5. 3 . Establishment of Unit. Connection fees and sewerage and water service charges shall be calculated by multiplying the appropriate unit charge by the following applicable multiplier: TYPE OF SERVICE MULTIPLIER Single family dwelling unit 1.00 Multiple dwelling structure unit 1.00 Lodging unit .50 Multiple Lodging structure unit .50 Mobile home space 1. 00 4 ORDINANCE NO. 16 01 Houseboat, Live-aboard, sewered 1.00 Recreational Vehicle space, ' sewered .40 Recreation Vehicle space, unsewered Bar, each seat . 10 Church 1.00 Laundromat, each machine .35 Office, repair shop, retail store ea. 500 sq. ft. or fraction thereof .25 Restaurant, each seat .10 Service Station (full service) 2 . 00 Boat berth space, for each space beyond the first per premises i . 07 Dry boat storage, each space .025 Public Boat Launching Facility 1.00 Camping, picnic, each site . 07 Minimum Multiplier for served premises is 1. 00 The engineer shall assign, based on flow, composition and/or strength, the multiplier for all services not listed above using the above list as a basis of equity. SECTION 3 . ANNUAL UNIT CHARGE. For fiscal year 1989-1990, the "Annual Unit Charge" referred to in Section 12 .5 of Ordinance No. 1 and water service charge for each of the following zones is: Zone 1: $180. 00 (Beacon West) Zone 2: 120.00 (Willow Park Marina) Zone 3: 350. 00 (Willow Mobile Home Park) Zone 4: 300. 00 (All SD 15 sewer users) SECTION 4 . SPECIFICATIONS. Section 6 of District Ordinance No. 1 is amended to read as follows: Section 6. Specifications. 6. 1. District Standards-Sewers. The current Standard Specifications for Design and Construction of Central Contra Costa Sanitary District, Martinez, California, and subsequent revisions and amendments thereto are adopted as the Standard Specifications of the District for the District's sewer systems and are by this reference incorporated herein as though full set forth. 6.2 . District Standards-Water. The current Standard Specifications and Drawings of Oakley Water District, Oakley, California, and subsequent revisions and amendments thereto are adopted as the Standard specifications of the District for the District's water systems and are by this reference incorporated herein as though fully set forth. 5 ORDINANCE NO. 16 6.3 . Variance. Under special conditions, the Engineer may approve modifications and/or additions to the Standard Specifications. SECTION 5. REBATES. District Ordinance No. 1 is amended by adding the following: Section 5.5. Rebate. All premises that have paid any fee for dry boat storage during Fiscal Year 1987-88 or Fiscal Year 1988-89 shall have rebated that portion of the fee that is greater than that which is calculated by using a unit multiplier of 0. 025. SECTION 6. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Brentwood News , newspaper published in this County and circulated in the District. PASSED on May 23, 2989 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder, McPeak F Torlakson NOES: None ABSENT: None ABSTAIN: None ATTEST: Phil Batchelor Clerk of the Board and County Administrator By:� , Deputy Board Chair EJS:drg/pg ORD16 6 ORDINANCE NO. 16