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Home My WebLink About12-21-00 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS Board Meeting Date: December 21, 2000 Type of Action: SET HEARING DATE POSITION PAPER No.: 3.a. CONSENT CALENDAR subject: ESTABLISH JANUARY 11, 2001, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE REGENT PLACE CONTRACTUAL ASSESSMENT DISTRICT NO. 2000 -2 Submitted By: Initiating Dept.Xlv.: Russell B. Leavitt, Management Analyst Engineering /EnvironmentalAervices REVIEWED AND RECOMMENDED . EDD FOR BOARD ACTION - c6p,,) 'Y P,gt�, — R. Leavitt C. Swanson A- Charles W. General Mi ISSUE: A public hearing is required to establish the Regent Place Contractual Assessment District (CAD) No. 2000 -2. A public hearing is also required to create an assessment district pursuant to the procedure adopted under Proposition 218, which amended the California Constitution, Article XIII D, Section 4. RECOMMENDATION: Establish January 11, 2000, as the date for a public hearing regarding Regent Place CAD No. 2000 -2 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24. FINANCIAL IMPACTS: There are minor costs for publishing a legal notice advertising the public hearing and for staff preparation and attendance. These costs eventually will be paid by the CAD participants. 1. Select a later date for the public meeting - This would delay the CAD proceedings since the holding of a public hearing is required by law. (Note: An earlier date would not provide the CAD participants sufficient time to review the Engineering Report.) 2. No action by the Board - No action will delay the CAD proceedings until a different public hearing date is set since the holding of a public hearing is required by law. BACKGROUND: On May 18, 2000, the Board of Directors adopted a resolution of intention to create Regent Place CAD No. 2000 -2 for the purpose of installing sewer improvements on Regent Place in Alamo. Regent Place CAD No. 2000 -2 meets all of the District's current criteria for formation of a contractual assessment district. As required by Proposition 218, an Engineer's Report estimating assessments for properties within the CAD is being prepared. It is now appropriate to schedule a public hearing to offer 12/13/00 T: \TP_Planning \Leavitt\CADS \Regent \Set Hearing Date - Contract PP.wpd Page 1 of 4 POSITION PAPER Board Meeting Date: DECEMBER 21, 2000 Subject: ESTABLISH JANUARY 11, 2001, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE REGENT PLACE CONTRACTUAL ASSESSMENT DISTRICT NO. 2000 -2 interested parties the opportunity to comment on the proposed assessments and related issues. A resolution has been prepared and is attached, which, if adopted, will set the date of the public hearing on January 11, 2001. RECOMMENDED BOARD ACTION: Establish January 11, 2001 as the date for a public hearing regarding Regent Place CAD No. 2000 -2 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24. 12/13/00 T:\TP—Planning\Leavitt\CADS\Regent\Set Hearing Date - Contract PP.wpd Page 2 of 4 RESOLUTION NO. 2000 - RESOLUTION SETTING HEARING OF PROTESTS ON REGENT PLACE CONTRACTUAL ASSESSMENT DISTRICT (CAD NO. 2000 -2) WHEREAS, on May 18, 2000, this Board of Directors adopted Resolution 2000 -042 expressing the intent of the District to proceed with the Regent Place Contractual Assessment District (CAD) No. 2000 -2 for the purpose of installing sewer improvements on Regent Place in Alamo; and WHEREAS, at the direction of this Board of Directors, Curtis W. Swanson, Environmental Services Division Manager, as Engineer of Work for improvement proceedings for the Regent Place CAD No. 2000 -2, Central Contra Costa Sanitary District, Contra Costa County, California, has prepared a report described in Section 5898.22 of the Streets and Highways Code (Municipal Improvement Act of 1911); and WHEREAS owners of each affected parcel will be provided written notice of the proposed assessment and ballot to indicate approval or opposition of the assessment pursuant to the procedures required by California Constitution Article XIII D, Section 4, as amended by Proposition 218; NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1. This Board sets 2 p.m. on January 11, 2001, at the Meeting Room of the Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and place for hearing protests to the proposed improvements and the creation of the proposed Contractual Assessment District and assessment. 12/13/00 T:\TP—Planning\Leavitt\CADS\Regent\Set Hearing Date - Contract PP.wpd Page 3 of 4 2. The Secretary of the District is directed to publish, post, and mail the notices of improvement required by the Municipal Improvement Act of 1911, and to file an affidavit of compliance. The notice shall be published in the CONTRA COSTA TIMES not later than twenty (20) days before the date of the hearing. PASSED AND ADOPTED this 21st day of December, 2000, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm District Counsel 12/13/00 T: \TP_ Planning \Leavitt \CADS \Regent \Set Hearing Date - Contract PP.wpd Page 4 of 4 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 21, 2000 No.: 4.a. HEARINGS Type of Action: CONDUCT PUBLIC HEARING; ADOPT ORDINANCE subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE REVISING SECTION 2.04.030 OF THE DISTRICT CODE RELATING TO COMPENSATION OF BOARD MEMBERS Submitted By: initiating Dept. /Div.: Joyce E. Murphy, Secretary of the Administrative District RE VIE WED AND RECOMMENDED FO BOARD ACT /ON: J. Murph K. Alm General Manager ISSUE: The Board of Directors scheduled a public hearing on December 21, 200q, to consider proposed revisions to Section 2.04.030 of the District Code in accordance With Senate Bill 1559 (Chapter 86, Statutes of 2000) amending California Health and Safety Code Section 6489. RECOMMENDATION: Conduct public hearing to receive comments on the draft ordinance amending District Code Section 2.04.030, Compensation of Board Members, to reflect amendments to state law. Adopt ordinance. FINANCIAL IMPACTS: The total paid by the District would increase less than $10,000 per year based on current projections for number of Board Meetings in the year. ALTERNATIVES /CONSIDERATIONS: Make no change in compensation of Board Members or increase compensation by less than 5 percent per year. BACKGROUND: The District Code provides for compensation of Board Members in accordance with the provisions of Section 6489 of the California Health and Safety Code. Board Members are currently compensated $ 100 per day for attendance at meetings of the Board or for each day's service rendered as a Director by request of the Board, not exceeding a total of six days in any calendar month. The District has two regularly scheduled Board Meetings per month. There has been no adjustment in the compensation for Central Contra Costa Sanitary District Board of Directors since 1987. 12/11/00 S: \ADMIN \MURPHY \Miscellaneous \board comp.pp.wpd Page 1 of 4 POSITION PAPER Board Meeting Date: December 21, 2000 subject: CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE REVISING SECTION 2.04.030 OF THE DISTRICT CODE RELATING TO COMPENSATION OF BOARD MEMBERS SB 1559 (Chapter 86, Statutes of 2000), effective January 1, 2000, allows that compensation of directors of sanitary and sanitation districts may be increased by up to 5 percent per year for each calendar year following the effective date of the last adjustment. The last adjustment in compensation for the Central Contra Costa Sanitary District Board of Directors was in 1987. Attached is a draft ordinance amending District Code Section 2.04.030, Compensation of Board Members, increasing compensation from $ 100 to $ 170 per day, not exceeding a total of six days in any calendar month, effective March 1, 2001. Notice of the public hearing was published twice in the Contra Costa Times as provided by Government Code Section 6066. RECOMMENDED BOARD ACTION: Conduct public hearing to receive public comment concerning adoption of the proposed ordinance revising Section 2.04.030 of the District Code, Compensation of Board Members, reflecting amendments to state law. Adopt ordinance. 12/11/00 S: \ADMIN \MURPHY \Miscellaneous \board comp.pp.wpd Page 2 of 4 ORDINANCE NO. AN ORDINANCE ADJUSTING COMPENSATION FOR THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT WHEREAS, on July 5, 2000, the California Legislature en#',`1P-pd 'ate Bill 1559 (Chapter 86, Statutes of 2000); and WHEREAS, this bill amended Section 6489..:.j* h e Calif and S a f Code, authorizing sanitary district boards to by ok d i n a ncq, , .. crol d m e : e r . . . .... liars compensation in an amount greater than the cur(..,f.'.*.A...'..t m a x i 041i �: b*i: m of ."O.-P. (5 %11--liffig ::*:*---calendar yea th ($100) per day by an additional five percent i n g e operative date of the last adjustment; and WHEREAS, the last adjustment in compqF.Mati K. .::..Central Contra Costa ......... Sanitary District was in 1987; and WHEREAS, California Water Codaii; incorporated into the Sanitary District A I ..... E and shall not become effective for at 141"St si NOW, THEREFORE, the of District does ordain as follow-9.11111" SECTION .1-,'.t'-*VIRECTOR-,zC NSAT 0 eCoq_ which have been Luad'�*increase be by ordinance OW the date of final passage. rs of.l...'.The Central Contra Costa Sanitary S e c t i - 2-- 10 NOW a.. .1 �� Compensation of Board Members, of the District ...hereb;l��nd that a new Section 2.04.030 is hereby adopted go og B e g i n r*if"'-"-**-* .......... fftftch 1, 2001, and continuing until this ordinance is modified or repe ompensation for Directors of the Central Contra Costa Sanitary is hereby increased from the current one hundred dollar ($100) I.el in ordance with Senate Bill 1559, as set forth by application of Sec '. of the California Water Code. Compensation shall not be for .m..or e than a total of six (6) days of any calendar month. `fie amount of Directors' compensation established for March 2001 and thereafter until further action of the Board shall be $ 170.00. Page 3 of 4 SECTION 2: EFFECTIVE DATE Upon adoption, this Ordinance shall be entered in the minutes of the Central Contra Costa Sanitary District, shall be published once in a newspaper in general circulation within the C)iatriot, and shall take effect on March l' 2001 . PASSED AND ADOPTED this day of C)goonnber, 20{]0, following roll call vote: AYES: Members: NOES: K4arnbeno: ABSENT: K8ennbenS: COUNTERSIGNED: S A p p r as to Form� ount Costa�� Kenton L AJnn District Counsel he Bodwk W. 'kectors, R,-Costa SWitary District, Q Ifta, State of California Page 4 of 4