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Home My WebLink About8/1/2002 AGENDA BACKUPCentral Contra Costa Sanitary District /J a i ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: AUGUST 1, 2002 No.: 4.a. CONSENT CALENDAR Type of Action: ADOPT A RESOLUTION Subject: ADOPT A RESOLUTION DIRECTING THAT THE CURRENT SURPLUS IN THE IMPROVEMENT FUND OF LOCAL IMPROVEMENT DISTRICT 56 (LID 56) BE CREDITED TO THE PARTICIPATING PARCELS THAT COMPLETED PRINCIPAL AND INTEREST INSTALLMENTS AT TAX YEAR 2001 -02 VIA SPECIAL LEVY FUND 3980 Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. 'm V ia, - �q kfu / ) v � A M. Mullin J. Miyamoto -Mills C. Swanson A. Farrell Charles w. atts General Manag r ISSUE: Board of Director's authorization by resolution is needed to place assessment credits on the County tax roll. RECOMMENDATION: Adopt a resolution directing that assessment credits for LID 56 be placed on the 2002 -03 County tax roll, to balance and close the improvement fund. This action is required by the County Auditor - Controllers office prior their acceptance of the levy documents for processing. FINANCIAL IMPACTS: This action will allow the District to return surplus funds to participating property owners. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The property owners in the La Casa Via /Brodia Way area of Walnut Creek petitioned the District in 1986 to form a Local Improvement District for the purpose of financing and constructing a public sewer system which would benefit their properties. The installation of the public sewer system was completed and accepted in 1987 with most of the property owners choosing payment by tax levy which ended with the 2001- 2002 tax year. Although a prior declaration and distribution of surplus funds occurred in 1997, additional interest, equalization fees and delayed prior year collections now total $ 17,154.94. Exhibit A of the attached draft resolution summarizes the participating parcels and proposed credit distribution. RECOMMENDED BOARD ACTION: Adopt a resolution declaring a surplus in the Improvement Fund for La Casa Via /Brodia Way Sewer Project, LID 56 and directing that the surplus be disbursed to participating parcels by placing assessment credits on the 2002 -03 Contra Costa County Tax Roll and that the improvement fund be closed. 7/25/02 Page 1 of 4 U: \Position Papers \Bertera \Lid56.wpd EXHIBIT A CREDIT DISTRIBUTION OF ACCOUNT BALANCE Previously. Levy Type B, Revenue Code 340600 Cen San LID 56 Construction Account Overage $12,785.18 Prior Year Collections; APN 140 - 170 -015 APN 140 - 170 -018 APN 140 - 170 - 019 $4,369.76 Total Before Processing Fees $17 154.94 LID 56 CREDIT LEVY TYPE F PARCEL NUMBER FUND REVENUE AMOUNT 140 - 170 -004 3980 38900 $888.97 140 - 170 -009 3980 38900 $888.97 140 - 170 -012 3980 38900 $888.98 140 - 170 -013 3980 38900 $888.97 140 - 170 -014 3980 38900 $888.97 140 - 170 -015 3980 38900 $888.98 140 - 170 -018 3980 38900 $888.98 140 - 170 -019 3980 38900 $888.98 140 - 180 -008 3980 38900 $888.97 140 - 180 -009 3980 38900 $888.97 140 - 180 -012 3980 38900 $888.97 140 - 180 -015 3980 38900 $888.97 140 - 180 -016 3980 38900 $888.97 140 - 180 -017 3980 38900 $888.97 140 - 180 -022 3980 38900 $888.97 140 - 200 -007 3980 38900 $888.98 140 - 200 -010 3980 38900 $888.98 140 - 210 -017 3980 38900 $888.98 $16,001.53 County Fees $250 + $.76 /parcel $264.44 $16,265.97 Page 2 of 4 RESOLUTION NO. RESOLUTION DECLARING SURPLUS IN IMPROVEMENT FUND LA CASA VIA/BRODIA WAY SEWER ASSESSMENT DISTRICT (L.I..D. 56) WHEREAS, on April 2, 1987, the Board of Directors adopted the Resolution of Intention No. 87 -059, for public improvements in La Casa Via/Brodia Way Sewer Assessment District (L.I.D. No. 56), Central Contra Costa Sanitary District, Contra Costa County; and WHEREAS, said Resolution of Intention provided that any surplus in the improvement fund for said assessment, after completion of the improvements and payment of all claims from the improvement fund, would be applied in accordance with Section 10427.1 of the Streets and Highways Code of the State of California; and WHEREAS, said improvements have been completed and a Notice of Completion was recorded in the office of the Contra Costa County Recorder on October 5, 1987. All claims upon the improvement fund have been paid; and WHEREAS, the Board previously approved Resolution 97 -010 on January 3, 1997 declaring funds remaining in the improvement fund as surplus to be applied as a credit upon the assessments levied in La Casa Via/Brodia Way Sewer Assessment District (L.I.D. No. 56), in the manner provided in Section 10427.1 of the Streets and Highways Code.. Following this action, subsequent equalization payment collections made at the District permit counter, interest and delayed levy payments caused by tax roll edits now equal $17.154.94 and the said amount is a surplus. The final tax year for Local Improvement District was 2001 -2002; and WHEREAS, it is considered economical and efficient to credit the assessments for the surplus funds on a county tax roll;. NOW, therefore be it resolved by the Board of Directors of the CCCSD that the current surplus in the Improvement Fund of the Local Improvement District 56 be credited to the Page 3 of 4 participating parcels by special levy on the 2002 -03 Contra Costa County Tax Roll as shown in Exhibit A, attached hereto and by this reference made a part hereof. The Secretary of the District is directed to provide a certified copy of this resolution to the County Auditor - Controllers Office for their use in making the credit to each assessment. PASSED AND ADOPTED THIS I" day of August, 2002 by the CCCSD Board of Directors by the following vote: 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 of the Central Contra Costa Sanitary District, County of Contra Costa State of California APPROVED AS TO FORM: Kenton L. Alm District Counsel Page 4 of 4 Central Contra Costa Sa, Mary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2002 No.: 4. b. CONSENT CALENDAR Type of Action: ADOPT A RESOLUTION Subject: ADOPT A RESOLUTION DIRECTING THAT THE 2002 -2003 ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS BE COLLECTED ON THE COUNTY TAX ROLL Submitted By: Initiating Dept ✓Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. M. Mullin J. Miyamoto -Mills C. Swanson A. F rell Cha es W. atts, General Manager ISSUE: Board of Director's authorization by resolution is needed to place assessments on the County tax roll. RECOMMENDATION: Adopt a resolution directing that the 2002 -2003 assessments for Contractual Assessment Districts be collected on the County tax roll. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs associated with completed Contractual Assessment Districts. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The property owners who formed the Contractual Assessment Districts listed below agreed to pay for sewer improvements by choosing either to remit full payment or to accept an annual tax levy over a ten -year period. For those choosing the latter option, payments are to be collected by placing assessments on the owner's tax bills. A resolution of the Board is needed to place these assessments on the appropriate tax bills. Exhibit A of the attached draft resolution lists properties to be assessed. Listing of Contractual Assessment Districts Gary Way CAD 97 -1 Leona Court CAD 97 -2 Alhambra Way CAD 98 -1 Charles Hill CAD 98 -2 Haven Lane CAD 98 -3 Grothman CAD 98 -4 Forest Lane CAD 99 -1 Muir Lane CAD 99 -2 Vine Hill CAD 99 -3 Laurenita Way CAD 00 -1 Via Cerrada CAD 00 -6 Entrada Verde CAD 01 -1 RECOMMENDED BOARD ACTION: Adopt the attached draft resolution directing that the 2002- 2003 assessments for Contractual Assessment Districts be collected on the County tax roll. 7/25/02 Page 1 of 4 U: \Position Papers \Bertera \CAD levy 02_03.wpd ASSESSORS PARCEL 1981600024 1981600032 1981600040 1981600057 1981600065 1981600073 1981600107 1981600115 1981600123 1981600131 1981600149 1981600156 Total 12 parcels ASSESSORS PARCEL 2010100119 2010100143 2010100176 2100100184 Total 4 parcels ASSESSORS PARCEL 1622020046 1622020053 1622020277 1622300018 1622300026 1622420154 Total 6 parcels ASSESSORS PARCEL 2600300020 2600400051 2600500017 2600500025 2600500033 2600710038 2600710046 2600720052 2600720060 Total 9 parcels CCCSD CAD 97-1* AMOUNT $604.92 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $17,012.08 CCCSD CAD 97 -2* AMOUNT $1,864.80 $1,864.80 $1,864.80 $1,864.80 $7,459.20 CCCSD CAD 98 -1 AMOUNT $1,134.76 $1,134.76 $937.40 $1,134.76 $1,134.76 $1,134.76 $6,611.20 CCCSD CAD 98 -2* AMOUNT $3,708.34 $3,708.34 $3,708.34 $3,708.34 $3,708.34 $3,708.34 $3,708.34 $3,708.34 $3,708.34 $33,375.06 EXHIBIT A ASSESSORS PARCEL 1720610029 1720600037 1720610045 1720610078 1720610102 1720610128 1720610136 1720610144 1720610219 1720610300 1720610318 1720610326 1720610342 Total 13 parcels ASSESSORS PARCEL 1622420105 1622420121 1622420212 1622420238 1622430021 1622420188 Total 6 parcels ASSESSORS PARCEL 2010820047 2010820062 2010820070 Total 3 parcels CCCSD CAD 98 -3* AMOUNT $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $12,090.26 CCCSD CAD 98 -4* AMOUNT $1,602.22 $1,602.22 $1,493.54 $1,493.54 $1,602.22 $1,493.54 $9,287.28 CCCSD CAD 99 -1 AMOUNT $1,729.30 $1,729.30 $1,729.30 $5,187.90 *AMOUNT EQUALS MAXIMUM ANNUAL ASSESSMENT PRIOR TO ANY PREPAYMENT ARRANGEMENTS Page 2 of 4 ASSESSORS PARCEL 1981600172 1981600180 1981600206 1981600214 1981600222 1981600230 1981600248 1981600255 1981600271 1981600297 1981600305 1981600263 Total 12 parcels ASSESSORS PARCEL 1550600096 1550600104 1550600112 1550600120 1620300028 Total 5 parcels ASSESSORS PARCEL 1920110119 1920110127 1920110135 1920110143 1920120035 1920120043 1920120050 1920120076 1920120084 W0,0i4114iId -1:3 Total 10 parcels CCCSD CAD 99 -2* AMOUNT $237.28 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $20,396.54 CCCSD CAD 99 -3* AMOUNT $2,467.64 $2,467.64 $2,467.64 $2,467.64 $2,467.64 $12,338.20 CCCSD CAD 00 -1 AMOUNT $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $17,782.60 EXHIBIT A ASSESSORS PARCEL 1910620077 1910620259 1910620267 Total 3 parcels ASSESSORS PARCEL 1920200365 1920200357 1920200332 1920200324 1920200316 1920200308 1920200290 1920200284 1920200456 1920200415 1920200225 1920200217 1920200399 1920200191 1920200183 1920200175 1920200167 1920200159 1920200142 1920200134 1920200126 Total 21 parcels COUNT TOTAL AMOUNT CCCSD CAD 00 -6* AMOUNT $3,103.86 $3,103.86 $3,103.86 $9,311.58 CCCSD CAD 01 -1* AMOUNT $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $1,410.06 $29,611.26 101 $180,463.16 *AMOUNT EQUALS MAXIMUM ANNUAL ASSESSMENT PRIOR TO ANY PREPAYMENT ARRANGEMENTS Page 3 of 4 RESOLUTION NO. A RESOLUTION DIRECTING THAT THE 2002 -2003 ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS BE COLLECTED ON THE COUNTY TAX ROLL WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District ( CCCSD) has previously taken action to establish final assessments for Contractual Assessment Districts Nos. 97 -1, 97 -2, 98 -1, 98 -2, 98 -3, 98 -4, 99 -1, 99 -2, 99 -3, 00 -1, 00 -6, and 01 -1; and WHEREAS, CCCSD has given proper notice to the affected owners of the final assessments; and WHEREAS, the affected owners have elected to pay the assessments in annual installments of principal and interest over a period of ten years; and WHEREAS, the CCCSD Code provides that the District may elect to collect current charges on the tax rolls as provided by Section 5470 and following of the California Health and Safety Code; and WHEREAS, it is considered economical and efficient to collect the assessments for the 2002 -2003 fiscal year on the County tax roll; NOW, therefore, be it resolved by the Board of Directors of the CCCSD that the 2002 -2003 Assessments for Contractual Assessment Districts No. 97 -1, 97 -2, 98 -1, 98- 2, 98 -3, 98 -4, 99 -1, 99 -2, 99 -3, 00 -1, 00 -6, and 01 -1 as listed in Exhibit A, attached hereto and by this reference made a part hereof, are to be collected on the Contra Costa County Tax Roll. Passed and adopted this 1 st day of August, 2002 by the CCCSD Board of Directors by the following vote: AYES: NOES: ABSENT: COUNTERSIGNED: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Secretary of the Central Contra Costa Sanitary District, County of Contra Costa State of California Approved as to Form: Kenton L. Alm District Counsel Page 4 of 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2002 No.: 4. C. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION NO. 8171, JOB NO. 5290, PARCEL 1, IN THE DANVILLE AREA, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPTANCE WITH THE CONTRA COSTA COUNTY RECORDER. Submitted By: Initiating Dept./Div.: Robert Dragon Construction Inspector /Designer Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. D gon J. Miyamoto -Mills C. Swanson A. Farrell Char es . tts, General Manag ISSUE: Board approval is required to accept offers of dedication and record easements. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorizing staff to record the easement acceptance. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors routinely accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement (as shown on the attached map) that is required for a recent public sewer extension at Lawrence Road in Danville. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication for the easement shown on the recorded final map of Subdivision No. 8171, (Job No. 5290 - Parcel 1), in the Danville area, at no cost the District, and authorizing staff to the record the easement acceptance with the Contra Costa County Recorder. 7/25/02 U: \Position Papers \Bob \Job5290Sub8171 .wpd Page 1 of 2 T a e 01 N LEGEND: EASEMENT AREA SUB BOUNDARY ° 2001 FEET Central Contra Cost--k Sanitary District w ,� S Prepared by Engineering Support Sectir 110i] t DANVILLE ST ACCEPTANCE OF EASEMENT DEDICATION SUB 8171 JOB 5290 r N LOCATION i i i i i r-- i i i i i i i Attachment MAP Page 2 of 2 Central Contra Costa Sanitary District 17M i ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2002 No.: n,d. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION NO. 8060, JOB NO. 5280, PARCEL 1, IN THE ROSSMOOR AREA OF WALNUT CREEK, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPTANCE WITH THE CONTRA COSTA COUNTY RECORDER. Submitted By: Initiating Dept. /Div.: Robert Dragon Construction Inspector /Designer Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. \Y�v R. Dra on J. Mi amoto -Mills . Swanson A. Farrell Charles att , General Mana r ISSUE: Board approval is required to accept offers of dedication and record easements. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorizing staff to record the easement acceptance. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors routinely accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement that is required for a recent public sewer extension at Saklan Indian Drive in Rossmoor. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication for the easement shown on the recorded final map of Subdivision No. 8060 (Job No. 5280 - Parcel 1), in the Rossmoor area, at no cost to the District, and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. 7/25/02 U: \Position Papers \Bob \Job5280Sub8060.wpd Page 1 of 2 RUDGEAR RD �� s� ` 1* 10U710N ALAMO o� STONE v� r N i LOCATION MAP N.T.S. L1 t` DAWiLLE N 0 400 800 FEET LEGEND: WOOD EASEMENT AREA T g SUB BOUNDARY x Central Contra Costa Attachment Sanitary District ACCEPTANCE OF T EASEMENT DEDICATION MAP SUB 8060 JOB 5280 Y Paae 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2002 No.: 4, . e. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FROM JOHN C. TWOMEY, JOB NO. 5307, PARCEL 2, ORINDA AREA, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPTANCE WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Robert Dragon Construction Inspector /Designer Initiating Dept. /Div.: Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. R. Dr gon J. iyamoto -Mills C. Swanson A. earrell Charles W. Batts, General Manage ISSUE: Board approval is required to accept offers of dedication and to record easement acceptances. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorizing staff to record the easement acceptance. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors routinely accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement (as shown on the attached map) that is required for a recent public sewer extension at Charles Hill Circle in Orinda. The easement and public sewer improvements have been inspected by District staff and deemed to be in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication from John C. Twomey, Job No. 5307, Parcel 2, Orinda area, at no cost the District, and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. 7/25/02 U: \Position Papers \Bob \Job5307Twomey.wpd Page 1 of 2 of J L,,. ILL U S FR�;�\ AFAY ETTE LOCATION AP SITE N.T.S. -- i O w y Central Contra Costa Sanitary District N A O� Ri,�Tti O I A 1 I■` 1 N 1 J 1 1 LEGEND: 0 200 400 FEET EASEMENT Attachment EASEMENT JOB NO. 5307 ORINDA AREA MAP Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2002 No.: 4. f . CONSENT CALENDAR Type of Action: CONFIRM PUBLICATION sa*ct: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 222 - REVISING TITLE 4, PERSONNEL, OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE Submitted By: initiating Dept. /Div.: Joyce E. Murphy Administrative Department Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACT /ON. �)- , WMALF-A I Charles W. Batts, General Manage, ISSUE: Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the ordinance has been published shall constitute conclusive evidence that publication has been properly made. RECOMMENDATION: Adopt a resolution confirming the publication of District Ordinance No. 222. FINANCIAL IMPACTS: None related to this issue. ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance was correctly published and therefore would be deemed procedurally valid by a court. BACKGROUND: District Ordinance No. 222 which was adopted by the Board at the meetings of May 9, 2002 and May 23, 2002, and which revises Title 4, Personnel, of the Central Contra Costa Sanitary District Code, was published in the Contra Costa Times on June 20, 2002. Proof of publication is attached. RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of District Ordinance No. 222. 7/9/02 Page 1 of 3 PROOF OF PUBLICATION 1N m site of tlf10en al the ml of the Central On this day of J e, 0 SUMMARY OF— (2015.5 C.C.P.) ORDINANCE NO. 222 Si na re 9 AN ORDINANCE REVISING TITLE 4 PERSONNEL.OF AE STATE OF CALIFORNIA cENTRALCONTRA County of Contra Costa DISTRICT CODE I am a citizen of the United States and a resident of the WHEREAS, Title 4, Person - requires amendment County aforesaid; I am over the age of eighteen years, and to to corrforrn to current Fed- eral and IV Ia as well not a party to or interested in the above - entitled matter. 6te ili M -- a derstating with the • Dla- I am the Principal Legal Clerk of the Contra Costa Times, a toorranecct�chnanges units, a re- newspaper a er of general circulation, printed and published at P P 9 P P suit of meet and corder with dw District'e bargain- 2640 Shadelands Drive in the City of Walnut Creek, County ing unite; and of Contra Costa, 94598. WHEREAS the amend- And which newspaper has been adjudged a newspaper of 9 ments and additions have been on file In the office of the Secretmy of the District general circulation by the Superior Court of the County of and avallabie for public In- Contra Costa, State of California, under the date of October i eitlniblen days �r to 22, 1934. Case Number 19764. the Public hearing; and WHEREAS, proper e The notice, of which the annexed is a printed copy (set in was gWen of the avella�al ty type not smaller than nonpareil), has been published in each review o theB6pmnendm9 a regular and entire issue of said newspaper and not in any "a dn prior o the Public H�o o supplement thereof on the following dates, to -wit: regardngg the pro- posed charges; and June 20 WHEREAS, ppropm notic e W Publlo gM regard said Hearing wee given. all in the year of 2002 , THEREFORE, the Board of Directors of the Central Contra Costa Sani- I certify (or declare) under penalty of perjury that the �ry Distriot does ordain the revisor@ ss set torn In foregoing is true and correct. "ExtilbltA." Executed at Walnut Creek —California. 1N m site of tlf10en al the ml of the Central On this day of J e, 0 � shall tam q�b Dla- once In the Contra Costs Times, a newspaper of General circulation within ' Si na re 9 are District, and shall take effect on the eighth celen- dio y foaowb4 such pub - Contra Costa Times PASSED AND ADOPTED P O Box 4147 May 9, 2002 and May 23 . fns fdiowlnG roll Walnut Creek, CA 94596 call v e: ; call vote: (925) 935 -2525 AYM* Members: Spra rs- teele HHockett Lucey, ' N ally, Iderresinl Proof of Publication of: eel N Members: Norm (attached is a copy of the legal advertisement that published) Att Members: None , /y Countersigned: secretary ft Oe Contra Costa Italy Co�stss, State df °California APPROVED as to Form: Kenton L Alm Kenton L Alm Counsel for the District 2) Substantive changes SMJMR%RYQF I were made: TIYLE 44 ISITSAONNEL 1 e To Improve the DlsMct's OF THE 151f3TA1CT CODE ��t � and selection j e To recognize the Dls- trio's past practice of man - datory overtime: @ To establish a policy against ace; in the wtefo 0 To aoWaorledge the Die- ; trIcVs requirement for sub- ± to eimepl� � ling prior e To expand the definition rovlslonel i e To extend the orobation- 11 Position title@ were with stn rM,,r. a e To clarify the E Employer Relation§ all OCT 5188 Pu ilsh June 20, 2002 Page 2 of 3 RESOLUTION NO. 2002- RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 222 REVISING TITLE 4, PERSONNEL, OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE WHEREAS, Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the Ordinance has been published shall constitute conclusive evidence that publication has been properly made. NOW, THEREFORE, be it resolved by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT District Ordinance No. 222 which was adopted on May 9, 2002 and May 23, 2002, and which revises Title 4, Personnel, of the Central Contra Costa Sanitary District Code, has been properly published once since its adoption in a newspaper of general circulation within Contra Costa County. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 1" day of August, 2002 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Kenton L. Alm District Counsel Page 3 of 3 S:\ADMIN\MURPHY\Resolutions\CONF.PUB.wpd Central Contra Costa Sanitary District &% M12tai ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2002 No.: 4-g- CONSENT CALENDAR Type of Action: APPROVE MERIT INCREASE Subject: REQUEST APPROVAL OF REGISTRATION DIFFERENTIAL SALARY MERIT INCREASE FOR STAFF ENGINEER CLINT SHIMA Submitted By: Initiating Dept ✓Div.: G. Chesler, Associate Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. G. Chesler R. Sch idt C. Sw nson A. Farr II Char4Wati General Manag ISSUE: A registration differential salary merit increase requires approval by the Board of Directors. RECOMMENDATION: Grant Staff Engineer Clint Shima a one step increase of his basic salary effective July 1, 2002. FINANCIAL IMPACTS: One step salary increase. ALTERNATIVES /CONSIDERATIONS: None BACKGROUND: Clint Shima is a Staff Engineer in the Environmental Services Division of the Engineering Department. This classification does not require registration as a Professional Engineer. The memorandum of Understanding (MOU) between the Management Support /Confidential Group and Central Contra Costa Sanitary District provides for a salary merit increase for employees who achieve registration or license as Professional Engineer, Land Surveyor, or Certified Public Accountant while employed by the District in a position not requiring such registration or license. Clint Shima has provided evidence to his supervisors that he has passed all required examinations and is now licensed as a Professional Engineer in California (see Attachment 1). Clint has consistently demonstrated his ability to assist in the accomplishment of the planning and design activities of the District requiring the professional level of judgement and skill expected of a Professional Engineer. Clint Shima applied for a registration differential salary merit increase in a memorandum to the Board of Directors on July 22, 2002 (see Attachment 2). RECOMMENDED BOARD ACTION: Grant Staff Engineer Clint Shima a one step increase of his basic salary effective July 1, 2002, as the registration differential salary merit increase provided for in the MOU. 7/24/02 U: \Position Papers \Bertera \ShimaPEDiffRequest.wpd Page 1 of 3 ATTACHMENT 1 STATE OF CALIFORNIA -STATE AND CONSUMER SERVICES AGENCY GRAY DAVIS, Governor BOARD FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS '�CalMomla '' 2535 CAPITOL OAKS DRIVE, SUITE 300, SACRAMENTO, CA 95833 -2944 Departmenlot MAILING ADDRESS: P.O. BOX 349002, SACRAMENTO, CA 95834 -9002 ;"`� �►� Consumer TELEPHONE: 19161263 -2222 CALNET: 8- 435 -2222 Aa FAX: (916)263-2246 or (916)263-2221 till BOARD INTERNET ADDRESS: http: / /www.dca.ca.gov /pels July 01, 2002 CLINT T. SHIMA 1601 BROADWAY ST APT 403 CONCORD, CA 94520 CONGRATULATIONS! ID: 32137 Branch: Civil We are pleased to inform you that you have successfully passed the recent Professional Engineer examination. This letter will serve as temporary evidence that you now hold a valid license as a Professional Engineer. A formal certificate, which will include your license number, will be prepared and mailed to you within four to six weeks. Please refer to the California Code of Regulations (Board Rules) for Professional Engineers and Land Surveyors (Title 16, Chapter 5, Sections 400 - 474.5) for information on the following subjects that are your responsibility. These Rules can be found on our website at www.dca.ca.gov /pels /laws.htm Rule 407 - Renewal of License and Related Fees Rule 411 - Seal Rule 412 - Address Changes Rule 415 - Practice within Area of Competence Of particular importance is that all licenses are subject to renewal, and payment of a renewal fee is required. A renewal notice will be mailed to you several weeks before the expiration date of your Professional Engineer license. If you do not receive a renewal notice, you are still responsible for renewing your license. If you wish to order a seal or stamp, you may purchase one from any stationary store or rubber stamp company. Please note that some Engineers are required to seal, stamp and sign any plans, specifications, or reports prepared by them, or under their direction. Board Rule 411 provides specific criteria on seals. Notices and newsletters from the Board Office cannot reach you unless we have your current mailing address.. Board Rule 412 requires you to advise us in writing of any address changes within 30 days after the effective date of the address change. EXAMINATION AND LICENSING STAFF Page 2 of 3 ATTACHMENT 2 Central Contra Costa Sanitary District July 22, 2002 oVY TO: BOARD OF DIRECTORS o-V VIA: CURT SWANSON, ENVIRONMENTAL SERVICES DIVISION MANAGER oh FROM: CLINT SHIMA, STAFF ENGINEER SUBJECT: REQUEST FOR APPROVAL OF REGISTRATION DIFFERENTIAL SALARY MERIT INCREASE am pleased to inform you that I passed the Professional Engineer examination. The Memorandum of Understanding between the Management Support/Confidential Group and Central Contra Costa Sanitary District provides for a salary merit increase for employees who achieve a license as a Professional Engineer while employed in a position not requiring such license. Attached is the July 1, 2002, letter from the State Board of Registration for Professional Engineers and Land Surveyors sent as evidence that I now hold a valid license as a Professional Engineer. I respectfully ask your consideration of this request. /ms Attachment cc: G. Chesler Approved by: Ann E. Farrell, Director of Engineering UACS Planning \Shima\PE Dif Request Memo to Brd.wpd Approved by: Charles W. Batts, General Manager Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2002 No.: 4. h. CONSENT CALENDAR Subiect: REJECT CLAIM FOR DAMAGES BY WOLFGANG AND CHRISTA FREIHOFNER, 3272 ESTERO DRIVE, SAN RAMON Type of Action: REJECT CLAIM Submitted By: Initiating Dept. /Div.: Randy Musgraves, Director of Administrative /Safety & Risk Management Administration REVIEWED AND RECOMMENDED FOR BOARD ACTION. (',*as General Man ISSUE: The District received a claim for alleged damages to the home of Mr. and Mrs. Freihofner for an unspecified amount. RECOMMENDATION: Reject the claim. FINANCIAL IMPACTS: There are no immediate financial impacts for rejection of the claim. ALTERNATIVES /CONSIDERATIONS: The alternative to this action is to negotiate a settlement with the claimant. BACKGROUND: The District contracted with Mountain Cascade to install the Dougherty Valley trunk sewer. The claimant alleges that the truck traffic associated with the construction activity damaged their home. The first alleged damage was a crack that developed in the pool. At that time construction and truck traffic was greater than 1,000 feet from the property. As the construction and traffic moved closer, staff secured the services of a professional acoustical and vibration consultant to monitor and evaluate the construction vibration at their home. In addition, District staff hired SOHA Engineers to evaluate the claim, analyze the vibration data and provide an opinion as to the feasibility of the alleged damage occurring from the construction activity. They concluded that the damages were either clearly not caused by the construction project or had a very low probability of being caused by the construction or truck traffic. Based upon the Engineer's report and findings the contractor's insurance company, Travelers Insurance, denied the claim and denied the District's tender. If the Board rejects the claim, a rejection letter will be sent to the claimant. The claimant will then have six months to bring a suit against the District in accordance with Government Code 945.6. Page 1 of 2 POSITION PAPER Board Meeting Date: August 1, 2002 Subject: REJECT CLAIM FOR DAMAGES BY WOLFGANG AND CHRISTA FREIHOFNER, 3272 ESTERO DRIVE, SAN RAMON RECOMMENDED BOARD ACTION: Deny the claim submitted by Wolfgang and Christa Freihofner and direct staff to send a rejection letter to the claimant. Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2002 No.: 4.i. CONSENT CALENDAR Subject: REJECT CLAIM FOR DAMAGES BY WILLIAM AND SANDY BARCLAY, 3210 ENSENADA DRIVE, SAN RAMON Type of Action: REJECT CLAIM Submitted By: Initiating Dept. /Div.: Randy Musgraves, Director of Administrative /Safety & Risk Management Administration REVIEWED AND RECOMMENDED FOR BOARD ACTION. �X'�` Mu graves General Manager ISSUE: The District received a claim for alleged damages to the home of Mr. and Mrs. Barclay for $92,000. RECOMMENDATION: FINANCIAL IMPACTS claim. Reject the claim. There are no immediate financial impacts for rejection of the ALTERNATIVES /CONSIDERATIONS: The alternative to this action is to negotiate a settlement with the claimant. BACKGROUND: The District contracted with Mountain Cascade to install the Dougherty Valley trunk sewer. The claimant alleges that the construction activity damaged their home. The City of San Ramon required the District to hire a professional acoustical and vibration consultant to monitor and evaluate the construction vibration. The vibration data monitoring was actually performed on the property due to the proximity of the construction and bore pit. The Barclays were offered a pre- construction survey, but declined the offer on both occasions. Upon receipt of the claim, District staff hired SOHA Engineers to evaluate the claim, analyze the vibration data and provide an opinion as to the feasibility of the alleged damage occurring from the construction activity. They concluded that the damages were either clearly not caused by the construction project or had a very low probability of being caused by the construction. Their conclusions considered bore pit activities and construction truck traffic impacts. Based upon the Engineer's report and findings the contractor's insurance company, Travelers Insurance, denied the claim and denied the District's tender. Page 1 of 2 POSITION PAPER Board Meeting Date: August 1, 2002 subject: REJECT CLAIM FOR DAMAGES BY WILLIAM AND SANDY BARCLAY, 3210 ENSENADA DRIVE, SAN RAMON If the Board rejects the claim, a rejection letter will be sent to the claimant. The claimant will then have six months to bring a suit against the District in accordance with Government Code 945.6. RECOMMENDED BOARD ACTION: Deny the claim submitted by William and Sandy Barclay and direct staff to send a rejection letter to the claimant. Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2002 No.: 9.a. BUDGET AND FINANCE Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION WHICH SUBORDINATES ANNUAL TAX INCREMENT PAYMENTS TO THE DISTRICT TO PLEASANT HILL REDEVELOPMENT AGENCY'S ANNUAL DEBT SERVICE PAYMENTS ON A REFINANCING OF 1991 BONDS Submitted By: Initiating Dept. /Div.: DEBBIE RATCLIFF, CONTROLLER ADMINISTRATIVE /FINANCE & ACCOUNTING REVIEWED AND RECOMMENDED FOR BOARD ACTION. D. Ratcliff K. N sgraves General K ISSUE: The Pleasant Hill Redevelopment Agency has asked the District to pass a resolution which makes annual tax increment payments to the District subordinate to the Agency's annual debt service payments on a refinancing of their 1991 Bonds. RECOMMENDATION: Adopt a resolution subordinating tax increment payments to the District to the annual debt service payments on a refinancing of 1991 Bonds. FINANCIAL IMPACTS: None ALTERNATIVES/CONSIDERATIONS: The District could choose not to adopt the resolution, although this is not recommended. BACKGROUND: On November 26, 1990, the City Council of the City of Pleasant Hill adopted an Ordinance which approved an amendment to the Redevelopment Plan for the Pleasant Hill Commons Redevelopment Project. In December, 1990, the District, together with the County of Contra Costa, and several other agencies filed an action with the Contra Costa County Superior Court, challenging the validity of the Amendment. The District was concerned over the fiscal impact of the Amendment and the financial burden or detriment it would experience due to the allocation of tax increment monies (property taxes levied each year on increases in the assessed values of the properties in the project area) to implement the Amendment. A Settlement Agreement (see Attachment 1) was entered into on July 6, 1992, which provided payment of the District's share of tax increment monies by the Redevelopment Agency to the District to alleviate any financial burden caused by implementation of the Redevelopment Plan. These annual payments were a special, limited obligation of the Redevelopment Agency, and were subordinate to the annual payment of the 7/24/02 S: \ADMIN \POSPAPER \Tax increment payment to PH 08- 02.wpd Page 1 of 21 POSITION PAPER Board Meeting Date: August 1, 2002 Subject: ADOPT A RESOLUTION WHICH SUBORDINATES ANNUAL TAX INCREMENT PAYMENTS TO THE DISTRICT TO PLEASANT HILL REDEVELOPMENT AGENCY'S ANNUAL DEBT SERVICE PAYMENTS ON A REFINANCING OF 1991 BONDS Redevelopment Agency's Priority Obligations. The Redevelopment Agency's Priority Obligations included six types of payments, one of which was annual debt service on a 1991 bond issue. The Pleasant Hill Redevelopment Agency wishes to pursue a refinancing of the 1991 Bonds to lower their interest costs and wishes to re- establish the subordinate position of the tax increment payments to the District to the debt service payments on the refinancing of the 1991 Bonds (see Attachment II). RECOMMENDED BOARD ACTION: Adopt a resolution subordinating tax increment payments to the District to the annual debt service payments on a refinancing of 1991 Bonds. 7/24/02 S: \ADMIN \POSPAPER \Tax increment payment to PH 08- 02.wpd Page 2 of 21 Attachment I SETTLEMENT AGREEMENT BETWEEN THE PLEASANT HILL REDEVELOPMENT AGENCY AND THE CENTRAL CONTRA COSTA SANITARY DISTRICT THIS AGREEMENT (herein the "Agreement") is made and entered into this 6th day of -July , 1992, by and between the PLEASANT HILL REDEVELOPMENT AGENCY ( "Agency -), and the CENTRAL CONTRA COSTA SANITARY DISTRICT ( "District"). Recitals A. The City Council of the City of Pleasant Hill (the "City Council ") adopted and approved an amendment (the "Amendment") to the Redevelopment Plan (the "Redevelopment Plan") for the Pleasant Hill Commons Redevelopment Project (the ' Troject") by Ordinance No. 654 on November 26, 1990. B. Pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.), the Agency is charged with the responsibility of carrying out the Redevelopment Plan. C On December 21, 1990, the District, together with the County of Contra Costa (the "County"), Contra Costa County Fire Protection District (the "Fire District"), Mount Diablo Unified School District, and the Contra Costa County Flood Control and Water Conservation District (the "Flood Control District") (collectively, the . "Plaintiffs "), filed an action entitled County of Contra Costa, et al. v. All Persons, etc., et al., Contra Costa County Superior Court No. C90 -05553, challenging the validity of the Amendment. In addition, on February 7, 1991, Plaintiffs filed an answer as interested parties in the action filed by the Contra Costa Community College District challenging the Amendment entitldd, Contra Costa Community College District v. City of Pleasant Hill Redevelopment Agency, et al., Contra Costa Superior Court _ No. C90-05417. Contra Costa County Superior Court No. C90 -05553 and No. C90-05417 have been consolidated- into Napa County Superior Court No. C63075. D. The District is a taxing agency with territory located within the boundaries of the Project (herein the "Project Area"). E. The Redevelopment Plan provides for "tax increment financing" pursuAnt to which ad valorem taxes levied on the taxable property within the PHL /SanDistSettlementAgmt 7/6/92 Page 3 of 21 i' 1 r� r� r Project Area are to be allocated to the Agency pursuant to California Constitution, Article XVI, Section 16, and Health and Safety Code Section 33670. F. Meetings have been held by the parties at which the District has expressed concern over the fiscal impact of the Amendment and the burden or detriment they believe they will experience because of the allocation of tax increment monies to implement the Amendment. G. The California Community Redevelopment Law, at Section 33401, provides that a redevelopment agency may pay to any taxing agency with territory located within a redevelopment project area any amounts of money which in the redevelopment agency's determination are necessary and appropriate to alleviate any financial burden or detriment caused to such taxing agency by a redevelopment project. H. The Agency and the District deem it appropriate to agree upon payment of tax increment monies by the Agency to the District to alleviate any financial burden that may be caused by implementation of the Redevelopment Plan through a net increase in the quantity and quality of services which the District will provide to the Project Area and through loss of property tax revenues to the District because of changes in ownership and new construction which would have been received or was reasonably expected to be received if the Redevelopment Plan was not adopted. It is for this reason, and to amicably resolve the legal actions pending between the parties, that the parties enter into'this Agreement. L The parties to this Agreement have agreed to settle all claims, demands and disputes between themselves arising from the adoption of the Amendment by making and executing this Agreement. J. As used in this Agreement, the following terms shall have the meanings set forth herein: 1. Available Annual Tax Increments: "Available Annual Tax Increments" means the annual amount of Tax Increments the Agency will have remaining after the Agency has paid the annual Agency Priority Obligations set forth in Section 2 hereof. 2 Base Year Roll: The "Base Year Roll" means the 1974 -75 assessment. roll. 3. District's Share: The "District's Share" means the proportionate percentage share of the Tax Increments that the District would have received as property taxes from the Project Area at the time of the effective date of the PHL /SanDistSettlementAgmt M 7/6/92 Page 4 of 21 Ordinance approving the Amendment, were there no provision in the Redevelopment Plan for the allocation of Tax Increments to the Agency. 4. Inflationary Increases: 'Inflationary Increases," as used in Section 2.e. for payment to the Flood Control District and the Fire District, means the increases in assessed value of the taxable property in the Project Area above the 1990 -91 assessment roll which will be calculated annually pursuant to subdivision (f) of Section 110.1 of the Revenue and Taxation Code. "Inflationary Increases," as used in Sections 1 and 3, means the increases in assessed value of the taxable property in the Project Area above the Base Year Roll which have been or will be calculated annually pursuant to subdivision (f) of Section 110.1 of the Revenue and Taxation Code. 5. Tax Increments: "Tax Increments" means that portion of the property taxes levied each year on increases in the assessed values of the property within the Project Area above the sum of the assessed values as shown on the Base Year Roll which are payable to the Agency (exclusive of amounts allocated to affected taxing agencies pursuant to Section 33676 of the Health and Safety Code) to pay the principal of and interest on loans, monies advanced to or indebtedness incurred by the Agency to finance or refinance, in whole or in part, redevelopment in accordance with the Redevelopment Plan pursuant to Article XVI, Section 16, of the California Constitution, Section 33670 et seq. of the Health and Safety Code, and the Redevelopment Plan. Agreements NOW, THEREFORE, THE AGENCY AND THE DISTRICT AGREE AS FOLLOWS: Section 1. Subject to the provisions of Sections 2 and 3 hereof and after making the payments described in that Section, commencing with the Agency's 2000- 2001 fiscal year the Agency agrees to pay to the District, annually upon the Agency's receipt of allocation of Tax Increments from the Project, the District's Share of the Tax Increments received by the Agency attributable to the Inflationary Increases. An example of what these annual payment amounts could be, assuming that each year the Inflationary Increase will amount to the maximum permitted under law (2 %), is shown on the "Estimated Annual Payments to Taxing Agencies from Inflationary Increases," attached hereto as Exhibit E and incorporated herein by reference. PHL /SanDistsettlementAgmt -3- 7/6/92 Page 5 of 21 The obligation of the Agency to make annual payments to the District pursuant to this Section 1 is a special, limited obligation of the Agency, limited to the amount of Available Annual Tax Increments from the Project, and is not a general obligation of the Agency, the City of Pleasant Hill or any other entity. In the event there are no Available Annual Tax Increments or there is an insufficient amount of Available Annual Tax Increments to pay the District the annual payments in this Section 1, the District agrees to defer receipt of all or any portion of the amount of the annual payments in this Section 1 until such time as there are sufficient amounts of Available Annual Tax Increments. The Agency shall maintain an account of all payments deferred pursuant to this Section 1 and shall annually report the amount of all deferrals to the District. In any year in which there is a sufficient amount of Available Annual Tax Increments, the amount of Available Annual Tax Increments shall be used to pay: (a) first, all or any portion of the amount of annual payment owed for that year; and (b) second, any amounts deferred. Any portion of the amounts deferred which remains unpaid upon the termination of the Redevelopment Plan and all amendments thereto shall be automatically forgiven. Section 2. The Agency and the District understand and agree that the Agency's obligation to make the annual payments to the District as set forth in Section 1 hereof is subordinate only to the annual payment of the Agency Priority Obligations, as defined herein. The Agency Priority Obligations means and includes the annual obligations of the Agency described herein, which shall be paid in the following order of priority: a. Payment of the Agency's 1991 bond issue annual debt service payments in the amounts set forth in Exhibit A, attached hereto and incorporated herein by reference. The bond issue debt service payments shall not exceed a total maximum amount of $23,327,000. b. Deposit of the Agency's Tax Increments into the Agency's low- and moderate - income housing fund, as required pursuant to Sections 33334.2 and 33334.3 of the Health and Safety Code (the "Agency's Housing Fund "), provided that this obligation shall only have priority status up to twenty percent (20 %) of the gross Tax Increments, and only to the extent that a 20 percent set aside is required by law. In the event the law requires more than a twenty percent (20 %) housing set aside, the amount of set aside in excess of 20 percent of the gross Tax Increments shall be the PHL /SanDistSettlement ftmt -4- 7/6/92 Page 6 of 21 responsibility of the Agency and shall not be an Agency Priority Obligation, however, in no event shall the Agency be required to make any payments to the District prior to receiving payment, including any deferred amounts, of the Agency Priority Obligations. C Agency receipt of the Tax Increments generated after the effective date of the Ordinance approving the Amendment from the properties identified in Exhibit B, attached hereto and incorporated herein by reference, up to a maximum amount of $52,274,000 for the development of such properties. d. Payments to the Mosquito Abatement District, the East Bay Regional Parks District, and the Pleasant Hill Recreation and Park District in the amounts set forth in their negotiated agreements with the Agency pursuant to Section 33401 of the Health and Safety Code. Any payments in excess of the amounts authorized in such negotiated agreements- shall not be an Agency Priority Obligation. e. Commencing with fiscal year 1992 -93, the Agency agrees to pay the Flood Control District and the Fire District their proportionate percentage share of the tax revenues derived from the Inflationary Increases that would have been paid to them from the Project Area were there no provision in the Redevelopment Plan for the allocation of Tax Increments to the Agency. f. Agency costs for administration, repayment of City debt and the costs of certain projects to be undertaken by the Agency within the Project Area in a maximum amount of $35,667,000 over the life of the Project and in the maximum annual amounts set forth in Exhibit_C, attached hereto and incorporated herein by reference. In the event that in any year there are insufficient Tax Increments to pay the Agency the annual amounts of the Agency Priority Obligations set forth herein, the difference between the annual amounts of the Agency Priority Obligations and the annual amounts actually paid to the Agency shall be paid to the Agency in the next year in which there are sufficient Tax Increments to pay the Agency the annual amounts of the Agency Priority Obligations and pay any amounts owed for the previous year or years. Any amounts owed for the previous year or years shall be considered an Agency Priority Obligation. PHL /SanDistSettlementAgmt -5" 7/6/92 Page 7 of 21 Section 3. The District understands and agrees that the Agency has offered the Mount Diablo Unified School District and the Contra Costa Community College District (the "Other Affected Taxing Agencies ") the same settlement agreement terms as those set forth in this Agreement with the District (the "Other Settlement Agreements "). In the event the Other Affected Taxing Agencies enter into the Other Settlement Agreements, the District further understands and agrees that the payments to the District in Section 1 of this Agreement and the payments to the Other Affected Taxing Agencies pursuant to the Other Settlement Agreements have equal priority for payment from the Available Annual Tax Increments. Therefore, in the event the amount of Available Annual Tax Increment is insufficient to pay the District the amount due under Section 1 and the Other Affected Taxing Agencies the amounts due them under their applicable agreements, the total amount of Available Annual Tax Increments shall be divided among the District and the Other Affected Taxing Agencies proportionately according to their percentage share of the Inflationary Increases . Section 4. This Agreement shall constitute an indebtedness of the Agency within the meaning of Section 33670 et seq. of the Health and Safety Code. Section 5. The District agrees not to file or engage in any further litigation directly or indirectly testing or challenging the validity of the Project, the Amendment, the Final Environmental Impact Report on the Amendment (herein the 'Final EIR "), the Ordinance adopting the Amendment (the "Ordinance "), the implementation of the Project, or this Agreement. Further litigation, as used in this Section 5, shall include any and all affirmative acts on the part of the District in Contra Costa Community College District v. City of Pleasant Hill Redevelopment Agency, et al., Napa County Superior Court No. C63075. In the event a judgment becomes final on any existing litigation or new litigation attacking the validity of the Project or the Amendment, which declares the Project, the Amendment, the Final EIR or the Ordinance invalid, and the Agency no longer receives the additional Tax Increments authorized pursuant to the Amendment, this Agreement shall become null and void. Section 6. This Agreement shall be a complete settlement of all disputes between the Agency and the District with regard to County of Contra Costa, et al. v. PHL /SanDistSettlementAgmt -6- 7/6/42 Page 8 of 21 All Persons, etc., et al., Napa County Superior Court No. C63075. The parties hereby agree that each party shall bear its own costs, including any attorneys' fees. Section 7. This Agreement shall be effective as of the date that both the Request for Dismissal is entered in County of Contra Costa, et al. v. All Persons, etc., et al., Napa County Superior Court No. C63075, pursuant to the Request for Dismissal attached hereto as Exhibit D and incorporated herein by reference, and the filing by the District of a motion to withdraw its answer in Contra Costa Community College District v. City of Pleasant Hill Redevelopment Agency, et al., Napa County Superior Court No. C63075. In the event that either the Request for Dismissal is not entered or the motion to withdraw the answer is not granted by October 1, 1992, this Agreement shall become null and void. Section 8. If any party fails to comply with its obligations under this Agreement, the prevailing party in any litigation arising from such failure shall be entitled to recover its costs and reasonable attorneys' fees. Section 9. This Agreement does not constitute an admission of liability on the part of any party, individually or collectively, with respect to any of the disputed claims referenced herein. Section 10. Nothing in this Agreement shall prevent the District from objecting to any future amendments to the Redevelopment Plan on any basis, and any such objection shall not invalidate this Agreement. Section 11. This Agreement shall commence upon the date first above written and shall remain in effect during the life of the Project and as long as the Agency is entitled to receive and does receive Tax Increments from the Project Area authorized pursuant to the Amendment. PHL /SanDistSettlementAgmt -7- 7/6/92 Page 9 of 21 Section 12. Notwithstanding anything to the contrary in this Agreement, and subject to the requirements of state law, the District shall be entitled to receive and collect all tax revenues from the Project Area attributable to or resulting from: a. Taxes raised by a rate levied by the District to pay bonded debt for the acquisition or improvement of real property, if the tax levied to pay the bonded debt was approved by the voters on or after January 1, 1989. (Cal. Const., art. XVI, § 16.) b. Increases in the rate of a tax which occur after the year in which the Redevelopment Plan was adopted, if the District has complied with Health & Saf. Code § 33676. C. The levy and collection of benefit assessments levied pursuant to state law. d. Tax revenues imposed for the benefit of the District which, because of an amendment to the California Constitution, Article XVI, Section 16 after the effective date of this Agreement, are not Tax Increments. IN WITNESS WHEREOF, the Agency and the District have executed this Agreement as of the date first above written. APPRO D O PLEASANT HILL REDEVELOPMENT By By gen al unsel Ch ' BY Secr ry "AGENCY" CENTRAL CONTRA COSTA SANITARY DISTRI By President of the Bo d By u-4 0 Secre "DISTRICT" PHL /SanMtSettlementAgmt -$' 7/7/92 Page 10 of 21 Fiscal Year En in 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Total EXHIBIT A AGENCY 1991 BOND ISSUE DEBT SERVICE PAYMENTS Serics 1991 Bond Debt Service 0 780,000 779,000 778,000 776,000 778,000 780.000 781.000 781,000 775,000 779.000 776,000 778,000 778,000 777,000 780,000 776,000 777,000 776,000 778,000 779,000 778,000 776.000 776,000 780,000 776.000 775,000 772,000 776,000 777,000 780,000 0 0 0 0 0 0 0 0 $23,327,000 Page 11 of 21 0 EXHIBIT B DOWNTOWN DEVELOPMENT PARCELS 150 -181 -019 150 -182 -012 150 - 210 -033 150 -181 -020 150- 182 -015 150 -210 -034 150 - 181 -021 150 -182 -016 150- 210 -035 150 -181 -022 150 -182 -017 150- 210 -036 150-181-023 150 -182 -018 150- 210 -037 150 -181 -024 150 -182 -019 150- 210 -038 150 - 181 -033 150 -182 -020 150 -210 -039 150 -181 -036 150 -182 -022 150- 210-040 150 - 181-()40 150 -182 -023 150- 210 -0.41 150 - 181 -041 150 -182 -025 150- 210 -045 150 -181 -042 150 -182 -027 150 -210 -049 150 -181 -043 150 -182 -029 150 -210 -051 150 -181 -045 I50- 182 -036 150- 210 -052 150 -181 -047 150- 182 -037 150- 210 -053 150- 182 -001 150- 182 -038 150- 210 -055 150 -182 -002 150 -182 -039 150- 210 -059 150 -182 -003 150 -182 -040 150 -210 -062 150- 182 -004 150 -182 -041 149 - 110 -056 150 -182 -005 150 - 182 -042 149- 110 -053 150 -182 -006 150 -182 -045 149 -110 -079 150 -182 -007 150 - 210-010 149 -110 -080 150- 182 -010 150 - 210 -032 149 -110 -081 150- 182 -011 149 - 110 -082 Page 12 of 21 EXHIBIT C - AGENCY ADMINISTRATION, CITY DEBT REPAYMENT AND OTHER PROJECT AREA PROJECTS Fiscal Remaining . Year Agency EnqiLig Funds 1991 $ 0 1992 328,000 1993 260.000 1994 505,000 1995 469,000 1996 329.000 1997 374,000 1998 684,000 1999 737.000 2000 804,000 2001 388,000 2002 402,000 2003 418,000 2004 414,000 2005 432,000 2006 451.000 2007 471,000 2008 486,000 2009 .500.000 2010 522,000 2011 545.000 2012 570,000 2013 596,000 2014 586,000 2015 601.000 2016 610.000 2017 620,000 2018 630,000 2019 641,000 2020 658,000 2021 673,000 2022 565,000 2023 575.000 2024 585,000 2025 596.000 2026 1,069,000 2027 3,522,000 202-8 5,372,000 2029 3.773,000 2030 3,904,000 Total $35,667.000 Page 13 of 21 Name. Address and Telephone Number of Anorney(s) Attorney(s) for Plaintiffs County of Contra Costa�et al. space for Use o(coud clerk ant' SUPERIOR COURT OF CALIFORNIA, COUNTY OF NAPA (SUPERIOR, MUNICIPAL. OR JUSTK0 (Name o(1Ainidpal or Justioe Court District or of branch cotut. X anA Plaintiff(s): County of Contra Costa, et al. Defendant(s): All Persons Interested in the Matter of the Amendment to the Redevelopment Plan for the Pleasant Hill Commons Redevelopment Project. etc., et al. (Abbreviated Tide) CASE NUMBER 063075 REQUEST FOR DISMISSAL TYPE OF ACTION ❑ Personal Injury, Property Damage and Wrongful Death: ❑ Motor Vehicle ❑ Other ❑ Domestic Relations ❑ Eminent Domain ® Other. (Specify) MaadamusQGalialiaa TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.) 1. ® With prejudice HComplaint Without prejudice 2. C1 Entire.adion only ❑ Petition only ® Other: (Specify)' As to Defendant Central Contra Costa Sanitary District Dated: 'p dasrnissal requested is of specified parties only. o(spedrred causes of action only or o(spedW aoascomplairm only. so stw and k%ndy Oae parties. causes of action or crow- ownptaints to be dismissed. ❑ Cross-0omplaint only Attomey(s) for u Sta —etz — TO THE CLERK: Consent to the above dismissal is hereby given" Dated: "When a cross- comptaint (or Response (Marriage) seekkV a(fimaaove refiel) is on rile. Ow attort+ey(s). for the cross-complainant (respondent) rawst sign this consent when required by CCP 581(1). (2) or (5). Attomey(s) for (Type or print anomey(s) -n*s)) (Type or Print anorney(s) name(s)) (To be completeciby clerk) ❑ Dismissal entered as requested on --- ❑ Dismissal entered on as to only ❑ Dismissal not entered as requested for the following reason(s), and attomey(s) notified on Dated a Cleric . Deputy `o— Adooted by Rule 982 of REQUEST FOR DISMISSAL Page 14 of 21 ccpsst•et' a Cal. Rules of Court EXHIBIT E Page 15 of 21 ESTIMATED ANNUAL PAYMENTS TO TAXING AGENCIES FROM INFLATIONARY INCREASES Fiscal Prop. Tax Central Mt. Diablo Community Year due to 2% San. Schools College Ending Period Base Growth 3.30% 31.92%0 4.86% Total 1991 1 1992 2 60,552 0 1993 3 64,591 0 1994 4 68,711 0 1995 5 72,913 0 1996 6 77,199 0 1997 7 81,571 0 1993 8 86,031 0 1999 9 90,579 0 2000 10 95,219 0 2001 11 99,951 3,293 31,906 4,858 54,254 2002 12 104,778 3,452 33,447 5,093 56,874 2003 13 109,701 3,615 35,019 5,332 59,547 2004 14 114,723 3,780 36,622 5,576 62,273 2005 15 119,846 3,949 38,257 5,825 65,053 2006 16 125,071 4,121 39,925 6,079 67,889 2007 17 130,400 4,297 41,626 6,338 70,782 2008 18 135,836 4,476 43,362 6,603 73,733 2009 19 141,381 4,658 45,131 6,872 76,742 2010 20 , 147,036 4,845 46,937 7,147 79,812 2011 21 152,805 5,035 48,778 7,428 82,943 2012 22 158,689 5,229 50,657 7,714 86,137 2013 23 164,690 5,427 52,572 8,005 89,395 2014 24 170,812 5,628 54,527 8,303 92,718 2015 25 177,056 5,834 56,520 8,606 96,107 2016 26 183,425 6,044 58,553 8,916 99,564 2017 27 189,922 6,258 60,627 9,232 103,091 2018 28 196,548 6,476 62,742 9,554 106,688 2019 29 203,307 6,699 64,900 9,882 110,356 2020 30 210,201 6,926 67,100 10,217 114,098 2021 31 217,233 7,158 69,345 10,559 117,915 2022 32 224,406 7,394 71,635 10,908 121,809 2023.._.. 33 231,722 7,635 73,970 11,264 125,780 2024 34 239,184 7,881 76,352 11,626 129,831 2025 35 246,796 8,132 78,782 11,996 133,962 2026 36 254,559 8,388 81,260 12,374 138,176 2027 37 262,479 8,649 83,788 12,759 142,475 2028 38 270,556 8,915 86,367 13,151 146,859 2029 39 278,795 9,186 88,997 13,552 151,332 2030 40 287,199 9,463 91,680 13,960 155,893 Totals 182,843 1,771,386 269,731 3,012,089 Page 15 of 21 SOURCES AND USES OF FUNDS 1991 Tax Allocation Bonds Refunding 2002 BBB Rated Tax Allocation Bonds Dated Date 10/01/2002 Delivery Date 10/01/2002 Sources: Bond Proceeds: Par Amount 8,640,000.00 Other Sources of Funds: 1991 Reserve Fund 780,802.00 9,420,802.00 Uses: Refunding Escrow Deposits: PV cost of cashflows 8,453,211.59 Other Fund Deposits: Debt Service Reserve Fund 724,502.50 Delivery Date Expenses: Cost of Issuance 135,000.00 Underwriter's Discount 103,680.00 238,680.00 Other Uses of Funds: Miscellaneous 4,407.91 9,420,802.00 Jun 12, 2002 5:43 pm Prepared by Northcross, Hill & Ach, LLC Page 1 Page 16 of 21 4A BOND DEBT SERVICE 1991 Tax Allocation Bonds Refunding 2002 BBB Rated Tax Allocation Bonds Period Annual Ending Principal Coupon Interest Debt Service Debt Service 10/01/2002 01/01/2003 104,126.88 104,126.88 07/01/2003 300,000 3.000% 208,253.75 508,253.75 612,380.63 01/01/2004 203,753.75 203,753.75 07/01/2004 315,000 3.250% 203,753.75 518,753.75 722,507.50 01/01/2005 198,635.00 198,635.00 07/01/2005 325,000 3.450% 198,635.00 523,635.00 722,270.00 01/01/2006 193,028.75 193,028.75 07/01/2006 335,000 3.700% 193,028.75 528,028.75 721,057.50 01/01/2007 186,831.25 186,831.25 07/01/2007 350,000 4.100% 186,831.25 536,831.25 723,662.50 01/01/2008 179,656.25 179,656.25 07/01/2008 365,000 4.250% 179,656.25 544,656.25 724,312.50 01/01/2009 171,900.00 171,900.00 07/01/2009 380,000 4.400% 171,900.00 551,900.00 723,800.00 01/01/2010 163,540.00 163,540.00 07/01/2010 395,000 4.450% 163,540.00 558,540.00 722,080.00 01101/2011 154,751.25 154,751.25 07/01/2011 415,000 4.700% 154,751.25 569,751.25 724,502.50 01/01/2012 144,998.75 144,998.75 07/01/2012 430,000 4.800% 144,998.75 574,998.75 719,997.50 01/01/2013 134,678.75 134,678.75 07/01/2013 450,000 4.950% 134,678.75 584,678.75 719,357.50 01/01/2014 123,541.25 123,541.25 07/01/2014 475,000 5.100% 123,541.25 598,541.25 722,082.50 01/01/2015 111,428.75 111,428.75 07/01/2015 500,000 5.200% 111,428.75 611,428.75 722,857.50 01/01/2016 98,428.75 98,428.75 07/01/2016 525,000 5.250% 98,428.75 623,428.75 721,857.50 01/01/2017 84,647.50 84,647.50 07/01/2017 550,000 5.350% 84,647.50 634,647.50 719,295.00 01/01/2018 69,935.00 69,935.00 07/01/2018 580,000 5.450% 69,935.00 649,935.00 719,870.00 01/01/2019 54,130.00 54,130.00 07/01/2019 615,000 5.500% 54,130.00 669,130.00 723,260.00 01/01/2020 37,217.50 37,217.50 07/01/2020 650,000 5.550% 37,217.50 687,217.50 724,435.00 01/01/2021 19,180.00 19,180.00 07/01/2021 685,000 5.600% 19,180.00 704,180.00 723,360.00 8,640,000 4,972,945.63 13,612,945.63 13,612,945.63 Jun 12, 2002 5:43 pm Prepared by Northcross, Hill & Ach, LLC Page 2 Page 17 of 21 Pleasant Hill 441$ Redevelopment Agency June 24, 2002 Mr. Charles Batts, General Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Attachment II Dear Mr. Batts: On July 6,1992, the Pleasant Hill Redevelopment Agency and the Central Contra Costa Sanitary District entered into an Agreement pursuant to Health and Safety Code Section 33401, as it then existed, by which the Agency agreed to make certain payments to the District under certain conditions. I am enclosing a copy of the Agreement for your reference. Per the terms of the Agreement, the obligation of the Agency to the District was subordinate to the Agency first meeting certain "Agency Priority Obligations," as defined in Section 2 (page 4) of the Agreement. The first Agency Priority Obligation, described in Section 2a, is payment by the Agency of debt service on its 1991 Tax Increment Bonds. The annual and total amount of debt service payments on the 1991 Bonds, to which the Agency obligation to the District is subordinate, is set forth in Exhibit A to the Agreement. Prior to the end of this year the Agency plans to refinance the 1991 Bonds to take advantage of lower interest rates. While Agency payments to the District under the Agreement are explicitly subordinate to debt service payments on the 1991 Bonds, Agency payments to the District under the ..Agreement are not explicitly subordinate to debt service payments on a refinancing of the 1991 Bonds. Accordingly, I am writing requesting the District to subordinate to Agency debt service payments on a refinancing of the 1991 Bonds. I am attaching information prepared by Mark Northcross of Northcross Hill Ach, the Agency's financial consultant, that shows the proposed amount of the refinancing and the debt service payments. You will note that the refinancing does not do anything more than refinance the existing principal of the 1991 Bonds. The Agency does not intend to raise additional principal or extend the term of the financing beyond 2021, the original date of final payment. The total amount of the payments under the 1991 Bonds plus the payments under the refinanced bonds will not exceed the annual debt service payment amounts or $23,327,000 limit set forth in Exhibit A to the Agreement. In short, by refinancing, the Agency is doing nothing more than reducing the annual payments on the outstanding principal amount of the 1991 Bonds by not having to make unnecessarily high interest rate payments. 100 GregoryLane • Pleasant Hill • California 94523 -3323 • (925) 671 -5215 • FAX 676 -1125 @ printed on recycled paper Page 18 of 21 Central Contra Costa Sanitary District June 24, 2002 Page 2 If we can provide you with any additional information regarding the refinancing of the 1991 Bonds please do not hesitate to call Robert Stewart, Redevelopment Administrator, or me. If we are unable to answer any questions we will involve Mark Northcross, our financial consultant, or Steve Melikian, of Jones Hall, our bond counsel. I am enclosing a suggested resolution that implements this request. Sincerely, Michael Ramsey City Manager /Executive Director RS /MR/ Enclosures PHL_LtrCentraL%r nary Page 19 of 21 RESOLUTION NO. RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT WHEREAS, on July 6, 1992, the Central Contra Costa Sanitary District ( "District ") and the Pleasant Hill Redevelopment Agency ( "Agency ") entered into an Agreement pursuant to which the Agency is obligated to pay to the District its share of Inflationary Increases, as defined in the Agreement, subject to making certain Agency Priority Obligations. WHEREAS, one of the Agency Priority Obligations is annual debt service payments on the Agency's 1991 bond issue in the amount set forth in Exhibit A to the Agreement. WHEREAS, the Agency wishes to refinance the 1991 bond issue and the annual debt service payments on the refinancing will not exceed the payments set forth in Exhibit A. NOW, THEREFORE, BE IT RESOLVED: Section 2. of the Agreement is amended to read as follows: "Section 2. The Agency and the District understand and agree that the Agency's obligation to make the annual payments to the District as set forth in Section 1 hereof is subordinate to the annual payment of the Agency Priority Obligations, as defined herein. The Agency Priority Obligations means and includes the annual obligations of the Agency described herein, which shall be paid in the following order of priority: a. Payment of the Agency's 1991 bond issue annual debt service Page 20 of 21 payments in the amounts set forth in Exhibit A, attached hereto and incorporated herein by reference or payment of annual debt service •. a -� •� � -� �• • �- �. -� •� ••�• •�� set forth in Exhibit A. The bond issue debt service payments, • •• •. u-• ••• •• •ii•T-M•••• • exceed a total maximum amount of $23,327,000." All other provisions of the Agreement shall continue in full force and effect as originally adopted. PASSED AND ADOPTED this 1 •` day of August, 2002, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Page 21 of 21 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2002 No.: 9. b. BUDGET AND FINANCE Type of Action: AUTHORIZE PUBLIC NOTICE subject: AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT Submitted By: Initiating Dept ✓Div.: Debbie Ratcliff, Controller Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION. D. Ratcliff u raves Charles W. `Batts General Manag r ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. RECOMMENDATION: Authorize a public notice advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 5, 2002, at which the appropriations limit for the Sewer Construction Fund for the fiscal year of 2002 -2003 will be established. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS• The appropriations limit could be calculated using the California per capita personal income percentage change of -1.27 as opposed to the local assessment roll due to local non - residential construction of 6.1 percent. BACKGROUND: Proposition 4 was approved on November 6, 1979, and was incorporated in the California Constitution as Article XIII B. As amended, Article XIII B imposes a limit on the rate of growth in governmental spending. It limits appropriations of state and local governments to the appropriations of the 1978 - 1979 base year adjusted in each subsequent year for changes in the California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential new construction. Article XIII B requires government agencies to establish their appropriations limit by resolution each year at a regularly scheduled meeting. Notice to the public of availability of documentation in support of the appropriations limit must be given fifteen days prior to adoption. The appropriations limit is open to challenge within 45 days of the effective date of the resolution. 7/24/02 S:\ ADMIN \POSPAPER \Prop4.pp7- 02.wpd Page 1 Of 3 POSITION PAPER Board Meeting Date: August 1, 2002 subject: AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT Methodology: The appropriations limit is increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local nonresidential construction. The Board is to select between the per capita personal income or the change in the local assessment roll due to local nonresidential construction by a recorded vote. The change in the local assessment roll for the 2002 -2003 fiscal year has been reported by the County Assessor to be 6.1 percent. The California per capita personal income percentage change is -1.27. The change in the local assessment roll is being used in the calculation of the 2002 -2003 appropriations limit. Last fiscal year's appropriations limit was calculated to be $47,637,396. The appropriations limit for 2002 -2003 is calculated to be $51,432,838. This limit is set on the District's proceeds of taxes and interest earned on those proceeds. RECOMMENDED BOARD ACTION: Authorize a public notice advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 5, 2002, at which the appropriations limit for the Sewer Construction Fund (tax revenue plus interest) for the fiscal year of 2002 -2003 will be established. 7/24/02 S:\ ADMIN \POSPAPER \Prop4.pp7- 02.wpd Page 2 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC NOTICE The Board of Directors of the Central Contra Costa Sanitary District will, at its meeting to be held at the District Offices, 5019 Imhoff Place, Martinez, California, at 2 p.m. on September 5, 2002, consider the adoption of the Appropriations Limit for 2002 -2003 in accordance with Article XIIIB (Proposition 4) of the State of California Constitution. Documentation in support of the Appropriations Limit is available at the District Offices, 5019 Imhoff Place, Martinez, for review by persons interested in this matter. DATED: S:\ ADMIN \POSPAPER \PROP4.NOT.7- 02.wpd Joyce E. Murphy Secretary of the District Page 3 of 3