ORDINANCE NO. 250
AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY
DISTRICT
AMENDING DISTRICT CODE SECTION CHAPTER 6.30, AND ADOPTING AN
UNCODIFIED SCHEDULE
OF ENVIRONMENTAL AND
DEVELOPMENT-RELATED FEES, RATES AND CHARGES
WHEREAS, the Board of Directors 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, 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 Fees, 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 Fees, 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 fees, 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 codified)
CCCSD Code "Chapter 6.30 Schedule of Environmental and Development-Related Rates and Charges" that was in effect prior to the date of adoption of this Ordinance is hereby repealed in full. A new "Chapter 6.30 Schedule of Environmental and Development-Related Fees, Rates and Charges" as set forth in Exhibit “A” to this Ordinance, which exhibit is incorporated in full herein by this reference, is hereby adopted.
Section 2 (To be uncodified)
The Schedule of Environmental and Development-Related Fees, Rates and Charges as set forth in full in Exhibit “B” 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 amended in Section 1 above. 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 by Ordinance.
Section 3
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. 244 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. 244 had not been repealed.
With respect, however, to violations, rights accrued, liabilities accrued or appeals taken, prior to the effective date of this Ordinance, under any chapter, ordinance, or part of an ordinance, such chapter, ordinance or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal.
Section 4
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, 2008.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 17th day of April 2008, by the following vote:
AYES: Members: Hockett, Menesini, Nejedly, Lucey
NOES: Members: None
ABSENT: Members: McGill
s/s Gerald R. Lucey
Gerald R. Lucey
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
s/s Elaine R. Boehme
Elaine R. Boehme
Secretary of the Central Contra Costa Sanitary District
County of Contra Costa,
State of California
Approved as to form: Kenton L. Alm
Kenton L. Alm
Counsel for the District