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Home My WebLink About03.e. Confirm publication of summary of District Ordinance No. 271Central Contra Costa Sanitary District �' e ' BOARD OF DIRECTORS • POSITION PAPER Board Meeting Date: July 19, 2012 subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 271 ADOPTING AN UNCODIFIED SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES IN ACCORDANCE WITH CHAPTER 6.30 OF THE DISTRICT CODE Submitted By Initiating Dept. /Div.: Elaine R. Boehme Administrative Department Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: 62evd'_� 0 Elaine R. Boehme Ann E. Farrell, Secretary of the General Manager District 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: Confirm the publication of a summary of District Ordinance No. 271. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance was correctly published and therefore would be deemed procedurally valid by a court. BACKGROUND: A summary of District Ordinance No. 271, which was adopted by the Board at its meeting on April 19, 2012, and which updates the uncodified Schedule of Environmental and Development - Related Rates and Charges, was published in the Contra Costa Times and the San Ramon Valley Times on May 4, 2012. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 271. Contra Costa Times PO Box 4147 Walnut Creek, CA 94596 (925) 935 -2525 Central CC Sanitary Ann /Accts Payable,5019 Imhoff PI. Martinez CA 94553 -4316 PROOF OF PUBLICATION FILE NO. Ord No. 271 In the matter of Contra Costa Times I am a citizen of the United States and a resident of the County aforesaid; 1 am over the age of eighteen years, and not a parry 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: 5/4/2012 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 20th day of June, 20 . Signature Legal No. 0004424610 ,q 1115 Admill SUMMARY OF ORDINANCE NO. 271 AN ORDINANCE NNCGDIFIED) OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING AN UNCODIFIED SCHEDULE OF ENVIIRONMENTAL AND DEVELOPMENT- RELATED RATES AND CHARGES IN ACCORDANCE WITH DISTRICT CODE CNAPfER 630 Ordinance No. 271 adopts an uncodified "Schedule of Environmental and Development- Related Rates and Charges„ where fifty-seven (57) fees are in- creased between 1.5 and 7.7 percent, seven (7) fees are increased between 5.9 and 129 percent, and fees for industrial user permits and septage /grease disposal are increased between 3.4 and 7.7 percent The new fees will be effective on July z 2011 NOTE: The above is a summary of major hi�ghh- Ilghts of the proposed ordinance. A reading of dte entire ordinance may be necessary to obtain a full understanding of all of the changes proposed A certified copy of the full text of the proposed ordi- nance is posted and may be read in the Secretary of the OistricYS Office at 5019 Imhoff Place, Marti- nez and/or a copy may be obtained from the of- fice. Adopted: April 19, 2012 AYES:Members:Hockett, McGill, Menesini, Wil- liams, Nejedly NOES:Members:None ASSENT:Members:None is/ James A. Neiedly James A. Neljedly President of the Board Central Contra costa sanitary District County of Contra Costa, state of California COUNTERSIGNED: is/ Donna M. Anderson Donna M. Anderson S ecretary Pro Tem Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: /s/ Kenton L Alm Kenton L Alm, Es% District Counsel CCT# 4424610 May 4.2012 San Ramon Valley Times PO Box 68 Danville, CA 94526 -0068 (925) 837 -4267 Central CC Sanitary Ann /Accts Payable,5019 Imhoff PI. Martinez CA 94553 -4316 PROOF OF PUBLICATION In the matter of FILE NO. ord 271 San Ramon Valley Times 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 Valley Times (Incorporating The Pleasanton Times) /San Ramon Valley 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 May 1, 1947. Case Number 39468. 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: 5/4/2012 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 4th day of May, 2012. Signature Legal No SUMMARY OF ORDINANCE N0.271 AN ORDINANCE (UNCODIFIED ) OF THE CENTRAL COMM COS - TASANITARY DISTRICT ADOPTING AN UNCODIFIED SCHEDULE OF ENVIRON- MENTAL AND DEVELOPMENT- RELATED RATES AND CHARGES IN ACCORDANCE WITH CTCODE C4NAP EER Ordinance No. 271 adopts an uncodified Schedule of Environ- mental and Development - Related Rates and Charges" where fifty -seven (57) fees are increased be- tween 15 and 7.7 per- cent, seven (7) fees are increased between 5.9 and 12.9 peent and fees for industrcrial user permits and septage/ grease disposal are in- creased between 3.4 and 7.7 percent The new fees will be effec- tive on July 2, 2012, NOTE: The above is a summary of major high- lights of the proposed ordinance. A reading of the entire ordinance may be necessary to obtain a full under- standing of all of the changes proposed. A certified copy of the full text of the proposed or- dinance is posted and may be read in the Sec- retary of the District's office at 5019 Imhoff Place, Martinez and /or a copy may be obtained from the office. Adopted: April 19, 2012 AYES: Members: Hockett McGill, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: None /s/ James A. Neiedly James A. Ne edly President of the Board Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: /s/ Donna M. Anderson Donna M. Anderson Secretary Pro Tem Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: Kenton L. Alm Kenton L. Alm, Esq. District Counsel SRVT #4427049 May 4, 2012 0004427049 Admin. Services