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HomeMy WebLinkAbout8/12/2004 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 12, 2004 Type of Action: ADOPT RESOLUTION No.: 3.a. CONSENT CALENDAR subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FROM EDWIN R. PARKS AND DORIS A. PARKS, IN THE WALNUT CREEK AREA, JOB 5183, PARCEL 3, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPTANCE WITH THE CONTRA COSTA COUNTY RECORDER 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. Farrell C a es W. Batts, General Manager ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication, and authorizing staff to record the document with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement that is required for a recent public sewer extension off Brodia Way in the Walnut Creek area (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job No. 5183 public sewer improvements and an offer of dedication from Edwin R. Parks and Doris A. Parks for easements in the Walnut Creek area (Job No. 5183, Parcel 3), and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. WPosition Papers \Mullin \Job 5183 Accept IOD.doc Page 1 of 2 v B DIA m " 4 AVE -sue i for Ta NUT C 1 680 N a1w i ID LOCATION MAP N.T.S. LEGEND: ` � r $ NEW SEWER 0 N —�- EXISTING SEWER r In I EASEMENT AREA 0 300 Q. E SUB BOUNDARY FEET a x Central Contra Costa Attachment Sanitary District ACCEPTANCE OF ' EASEMENT DEDICATION JOB 5183, PARCEL 3 V Page 2 of 2 Central Contra Costa Sank,ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 12, 2004 Type of Action: ADOPT RESOLUTION No.: 3.b. CONSENT CALENDAR Subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FROM ROBERT C. ADELSON AND CONSTANCE C. ADELSON, IN THE ALAMO AREA, JOB 5189, PARCEL 1, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPTANCE WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: M.fAullin J. Miyamoto -Mills . Swanson A. Farrell Char s W. Batts, General Manager ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication, and authorizing staff to record the document with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement that is required for a recent public sewer extension off Los Alamos Court in the Alamo area (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job No. 5189 public sewer improvements and an offer of dedication from Robert C. Adelson and Constance C. Adelson for an easement in the Alamo area (Job No. 5189, Parcel 1), and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. U: \Position Pape rs \Mullin \5189 Accept IOD.doc Page 1 of 2 �9 O ti LEGEND: 0 �— NEW SEWER 0 —�- EXISTING SEWER EASEMENT AREA SUB BOUNDARY, Y Central Contra Costa Sanitary District 0 0 N N ALAMO sra� 'fir sue�� sao LOCATION .� N `? DANVILLE LOCATION MAP i N.T.S. G � OQ` N 0 300 \ FEET ACCEPTANCE OF EASEMENT DEDICATION JOB 5189, PARCEL 1 Page 2 of 2 Attachment 1 Central Contra Costa Sani.dry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 12, 2004 No.: 3.c. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FROM MORAGA 76.15, A CALIFORNIA LIMITED PARTNERSHIP, IN THE TOWN OF MORAGA, JOB 5390, PARCEL 1, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPTANCE WITH THE CONTRA COSTA COUNTY RECORDER 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. Farrell Cha es W. BatTs, VV General Manager ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication, and authorizing staff to record the document with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement that is required for a recent public sewer extension off Camino Pablo in the Town of Moraga (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job No. 5390 public sewer improvements and an offer of dedication from Moraga 76.15, a California Limited Partnership, for an easement in the Town of Moraga (Job No. 5390, Parcel 1), and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. Page 1 of 2 U: \Position Papers \Mullin \5390 (1) Accept IOD.doc M 0 , , J 10 MORAGA VD RANCHO LAGUNA -- PARK (TOWN OF MORAGA PARCEL 0 v z O PARCEL 00 r- 0 PA RCEL n $ NEW SEWER 1 —�- EXISTING SEWER N EASEMENT AREA o 3W SUB BOUNDARY € FEET 0 x Central Contra Costa Attachment Sanitary District ACCEPTANCE OF EASEMENT DEDICATION JOB 5390, PARCELS 1, 2 AND 3 Page 2 of 2 DANVIUE SUB lOGiIO I \ pro:= � LOCATION MAP N.T.S. i iU "Z tY Cr G i iQ - --- - - - - -- RANCHO LAGUNA -- PARK (TOWN OF MORAGA PARCEL 0 v z O PARCEL 00 r- 0 PA RCEL n $ NEW SEWER 1 —�- EXISTING SEWER N EASEMENT AREA o 3W SUB BOUNDARY € FEET 0 x Central Contra Costa Attachment Sanitary District ACCEPTANCE OF EASEMENT DEDICATION JOB 5390, PARCELS 1, 2 AND 3 Page 2 of 2 Central Contra Costa Sanh.jry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 12, 2004 No.: 3.d. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FROM JAMES O. COLLINS AND LYNNE COLLINS, IN THE TOWN OF MORAGA, JOB 5390, PARCEL 2, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPTANCE WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication, and authorizing staff to record the document with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement that is required for a recent public sewer extension off Camino Pablo in the Town of Moraga (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job No. 5390 public sewer improvements and an offer of dedication from James O. Collins and Lynne Collins for an easement in the Town of Moraga (Job No. 5390, Parcel 2), and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. U: \Position Papers \Mullin \5390 (2) Accept IOD.doc Page 1 of 2 M. Mullin J. Miyamoto -Mills C. Swanson Farrell ar s W. Batt , r �A. General Manager ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication, and authorizing staff to record the document with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement that is required for a recent public sewer extension off Camino Pablo in the Town of Moraga (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job No. 5390 public sewer improvements and an offer of dedication from James O. Collins and Lynne Collins for an easement in the Town of Moraga (Job No. 5390, Parcel 2), and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. U: \Position Papers \Mullin \5390 (2) Accept IOD.doc Page 1 of 2 0 i �— NEW SEWER 0 —�- EXISTING SEWER EASEMENT AREA oI SUB BOUNDARY n ' Central Contra Costa Sanitary District ii a r i N 0 900 FEET E MORAGA �J DANVILLE LOGiION� LOCATION MAP N.T.S. U "Z �C) iia: G iQ � RANCHO LAGUNA -- PARK !TOWN OF MORAG) PARCEL D Z O PARCEL EL PARCELI r O `. 3 ACCEPTANCE OF EASEMENT DEDICATION JOB 5390, PARCELS T.2 AND 3 Page 2 of 2 Attachment 1 Central Contra Costa Sank,iry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 12, 2004 NO.: 3.e. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FROM JOSEPH R. ROSENBAUM AND KIRSTIN K. ROSENBAUM IN THE TOWN OF MORAGA, JOB 5390, PARCEL 3, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPTANCE WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: v 1 '0 ��LL�Z M. Mullin J. Miyamoto -Mills � H C. Swanson �A � A. Farrell -Char Ks W. Batts, \�/1✓ General Manager ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication, and authorizing staff to record the document with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement that is required for a recent public sewer extension off Camino Pablo in the Town of Moraga (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job No. 5390 public sewer improvements and an offer of dedication from Joseph R. Rosenbaum and Kirstin K. Rosenbaum, for an easement in the Town of Moraga (Job No. 5390, Parcel 3), and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. U: \Position Papers \Mullin \5390 (3) Accept IOD.doc Page 1 Of 2 M 8 M 1 9 NEW SEWER o � —�- EXISTING SEWER JN o EASEMENT AREA o 3W SUB BOUNDARY ALAMO MORAGA ID �J D1ANVILLE LOGiION� �r LOCATION MAP N.T.S. "Z <0 I ! i i Irk L �1Q I ,- I i RANCHO LAGUNA -- PARK (TOWN OF MORAG� �PARCEL D Z O P�1 � LEQ I PARCEL a Fr a N x Central Contra Costa Attachment Sanitary District ACCEPTANCE OF EASEMENT DEDICATION V JOB 5390, PARCELS 1,2 AND 3 Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 12, 2004 No.: 3.f. CONSENT CALENDAR 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: Debbie Ratcliff, Controller Initiating Dept /Div.: Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: 4" D. Ratcli R. Musgra es 4 Charl s W. Batfs, �t General Manager 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 2, 2004, at which the appropriations limit for the Sewer Construction Fund for the fiscal year of 2004 -2005 will be established. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: The appropriations limit could be calculated using the California per capita personal income percentage change of 3.28 as opposed to the local assessment roll due to local non - residential construction of 4.1 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. S:WDMIMPOSPAPEMAuthorize Public Notice 08- 12- 04.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 12, 2004 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 2004 -2005 fiscal year has been reported by the County Assessor to be 4.1 percent. The California per capita personal income percentage change is 3.28. The change in the local assessment roll is being used in the calculation of the 2004 -2005 appropriations limit. Last fiscal year's appropriations limit was calculated to be $55,976,615. The appropriations limit for 2004 -2005 is calculated to be $58,924,299. 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 2, 2004, at which the appropriations limit for the Sewer Construction Fund (tax revenue plus interest) for the fiscal year of 2004 -2005 will be established. S:WDMIMPOSPAPEMAuthorize Public Notice 08- 12- 04.doc Page 2 of 2 Central Contra Costa Sani,,ry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 12, 2004 No.: 3.g. CONSENT CALENDAR Type of Action: APPROVE PROGRAM CONTINUANCE subject: APPROVE CONTINUANCE OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Submitted By: Initiating Dept./Div.: Mark Greenawalt, MIS Administrator Administrative /MIS REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. Greenawalt D. Rat R. Musgr es Chirries W. Batts, General Manager ISSUE: The MIS Administrator is recommending continuance of the District's Employee Computer Hardware Purchase Assistance Program. RECOMMENDATION: Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 12, 2004. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: The Employee Computer Hardware Purchase Assistance Program could be eliminated, however, this is not recommended by staff. BACKGROUND: The District's Employee Computer Hardware Purchase Assistance Program was initially approved by the Board effective July 1, 1995, with a condition for Board review every two years. Last year, the Board requested that staff change this to an annual review. Both the employees and the District benefit from this program. On the one hand, the program provides employees with a low cost resource to purchase a home computer. On the other hand, it benefits the District by providing an opportunity for employees to enhance their computer skills. The utilization of computers continues to increase at the District and there are now few staff positions that do not use a computer in some facet of their job; i.e., Maintenance, Operations, Human Resources, Graphics, Accounting and Sewer Service work. Employee's computer skills dramatically increase by working on their home computer, a benefit of the program gained at no cost to the District. Many District employees have taken advantage of this program. The revolving loan fund of $70,000 currently has $9,296 in outstanding loans with a $60,704 balance available for new loans as of June 30, 2004. In the past year, 12 loans have been extended for a total dollar amount of $18,819. The program will continue to operate from the same approved funds and will retain the same basic structure. S:WDMIMPOSPAPER\Approve Employee Computer Purchase Program 08- 12- 04.doc Page 1 Of 2 POSITION PAPER Board Meeting Date: August 12, 2004 Subject APPROVE CONTINUANCE OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Program Overview The District will charge participants at the LAIF interest rate, and will get the same rate of return as it would if the loan fund were invested rather than extended to employees. The program will continue to be administered by the Accounting Office. The minimum loan amount is $600. Only one loan can be outstanding at a time per employee for a maximum of $2,000 over the program's two year term. Purchased computers must be compatible with current District standards, and will require the review of the MIS Administrator. Peripherals purchased with computers are covered by this program (i.e.: printers, disk drives, palm pilots). As computer systems continue to change in this fast paced industry, employees will want to take advantage of newer technology. Continuing the District's Employee Computer Hardware Purchase Assistance Program would allow employees to take advantage of new technology. It will also allow employees who desire to improve their computer skills and have not taken advantage of this program to do so. Staff recommends that this program be continued and will report to the Board every year via Position Paper on the Consent Calendar. RECOMMENDED BOARD ACTION: Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 12, 2004. S:WDMIMPOSPAPERApprove Employee Computer Purchase Program 08- 12- 04.doc Page 2 Of 2 Central Contra Costa Sars ..vary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 12, 2004 No.: 3.h. CONSENT CALENDAR Type of Action: CONFIRM PUBLICATION subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 231 —AN ORDINANCE TO AMEND DISTRICT CODE SECTION 6.20.300 SCHEDULE OF REIMBURSEMENT FEES TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT ARE TRIBUTARY TO PROJECT 5503 (CRESTVIEW COURT, ORINDA) SPECIAL SEWER FACILITIES Submitted By: Joyce E. Murphy Secretary of the District Initiating Dept. /Div.: Administrative Department REVIEWED AND RECOMMENDED FOR BOARD ACTION: CharleVOW. Batts, General Manager 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. 231. 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. 231 which was adopted by the Board at the meeting of June 3, 2004, and which amends District Code Section 6.20.300 Schedule of Reimbursement Fees to establish Reimbursement Fees applicable to properties that are tributary to Project 5503 (Crestview Court, Orinda) Special Sewer Facilities, was published in the Contra Costa Times on June 13, 2004. Proof of publication is attached. RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of District Ordinance No. 231. Page 1 of 3 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, ORDINANCE NO. 231 a newspaper of general circulation, printed and published AN ORDINANCE TO AMEND at 2640 Shadelands Drive in the City of Walnut Creek, DISTRICT CODE SECTION County of Contra Costa, 94598. REIMBURSEMENT FEES TO ESTABLISH And which newspaper has been adjudged a newspaper of REIAPP ICABLETO FEES general circulation by the Superior Court of the County of PROPERTIES THAT ARE Contra Costa, State of California, under the date of PROD CTSS03 October 22, 1934. Case Number 19764. (CRES VIEW COURT O FACILITIES The notice, of which the annexed is a printed copy (set in WHEREAS,the type not smaller than nonpareil), has been published in CeMralCon- tra Costa Sanitary District each regular and entire issue of said newspaper and not (District) Code Chapter 6.20 provides for reim- in any supplement thereof on the following dates, t0 -wit: bursement to Installers of standard and special facili- June 13 ties from fees charged property owners when the apply connect all in the year of 2004 rtyto the i sewer system the District Code Chapter 6.20 provides for I certify (or declare) under penalty of perjury that the the establishment of reim- bursement is true and correct. constructed �darrdd and special facilities; and Executed at Walnut reek Californi On thi X13 d of J ne, 20 4 WHEREAS, Project 5503 sewers, the locations shown on Exhibit A of this ordinance, Incororporated In �, full herein by this refer - ence are special facilities Code . .............. ,............... ............................... Slgnat rep as defined In District Chapter 6.20; and WHEREAS, reimbursement Contra' osta Times ` fees have been calculated by the method specified P O Bo 4147 In District Code Chapter Walnut reek, CA 94596 620, which calculations are summarized In Exhibit (925) 9 5 2525 B of this Ordinance, incor- porated in full herein by this reference; and Proof of Publication of: (attached is a copy of the legal advertisement that i Board of Dir�ectorsi con- published) ducted uic hearing m receive comments on the pro - posed reimbursement fees at its regularly ached. uled meeting on April 1, that 2004 and at meeting contlnued the matter, and WHEREAS, the District Board of Directors con - ducted a continued public hearing on June 3, 2004. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sani- tary District does ordain as follows: Section 1 manner set Code Chap - town In Ex- as District Project Number. 5503 DescriPdon of Facility: Crestview Court, Orinda Allowable Actual or EsW mated Cost: $17,200.32 Numberof RUEs :4 Reimbursement Fee per Unit: $4,300.08 Section 2 The reimbursement fees set forth herein shall be administered, adjusted and collected according to the Provisions of Dis- trict Code Chapter 6.20. Section 3 Exhibits A and B hereto shall not be Incorporated Into the District Code; however, copies of same shall be maintained In the District offices and made available for inspection during the Periods when the subject reimburse- ment fees is In effect Section 4 This ordinance shall be a general re ulatlon of the District and shall be pub- lished once In the Contra Costa Times, a newspaapper of general circulationwlth In the Dlsb lct, and shall be effective on the eighth calendar day following such publication. PASSED AND ADOPTED by the Board of Directors of the Central Contra Sanita- oi D June 20004,, bythth3rd llow ing vote: AYES: Members: Boney- LsYely Hockett, Menesini, NOES: Members: None ABSENT: y: M e m b e r s /s/ Gerald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: /s/ JoYCre E. Murphy central Contra Costa Cost Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: /s/ Kenton L Alm Counsel for the District Legal CCT 0365 Publish June 13, 2004 Page 2 of 3 RESOLUTION NO. 2004- RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 231 AMENDING DISTRICT CODE SECTION 6.20.300 SCHEDULE OF REIMBURSEMENT FEES TO ESTABLISH REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT ARE TRIBUTARY TO PROJECT 5503 (CRESTVIEW COURT, ORINDA) SPECIAL SEWER FACILITIES 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. 231 which was adopted on June 3, 2004, and which amends District Code Section 6.20.300 Schedule of Reimbursement Fees to establish Reimbursement Fees applicable to properties that are tributary to Project 5503 (Crestview Court, Orinda) Special Sewer Facilities, 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 12th day of August, 2004 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 Central Contra Costa Sart.,.a ry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 12, 2004 No.: 3.i. CONSENT CALENDAR Type of Action: CONFIRM PUBLICATION subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 232 — AN ORDINANCE ESTABLISHING THE SEWER SERVICE CHARGES FOR FISCAL YEARS 2004 -2005, 2005 -2006, 2006 -2007 Submitted By: Joyce E. Murphy Secretary of the District ra_tvK-- W111 Murphy Initiating Dept. /Div.: Administrative Department Alec- Charl W. Batts, General Manager 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. 232. 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. 232 which was adopted by the Board at the meeting of June 3, 2004, and which establishes the Sewer Service Charges for Fiscal Years 2004 -2005, 2005 -2006, 2006 -2007, was published in the Contra Costa Times on June 13, 2004. Proof of publication is attached. RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of District Ordinance No. 232. Page 1 of 3 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: all in the year of 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 13 day gfJune, 200 � .... �. _.� ✓ �......... .... .... Signature 1 Contra Costp� Times PO Box 4147 Walnut Creek, CA 94596 (925) 935 -2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) IM 4* attf�zgo st�s,�sotio stsz?�4:oe; ia�4aym s 2ao: 3mim sit ©al Page 2 of 3 RESOLUTION NO. 2004- RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 232 ESTABLISHING THE SEWER SERVICE CHARES FOR FISCAL YEARS 2004 -2005, 2005 -2006, 2006 -2007 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. 232 which was adopted on June 3, 2004, and which establishes the Sewer Service Charges for Fiscal Years 2004 -2005, 2005 -2006, 2006 -2007, 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 12th day of August, 2004 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