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Home My WebLink About03.e. Confirm publication of summary of District Ordinance No. 275Central Contra Costa Sanitary District 3.e. BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: January 10, 2013 subject: CONFIRM PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 275 AMENDING DISTRICT CODE CHAPTER 2.20, "CONFLICT OF INTEREST CODE" Submitted By Initiating Dept. /Div.: Elaine R. Boehme Administrative Department Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme Secretary of the District W�r - Ann E. Farrell 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: Confirm the publication of a summary of District Ordinance No. 275. 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. 275 which was adopted by the Board at its meeting of November 15, 2012, and which amended District Code Chapter 2.20, "Conflict of Interest Code," was published in the Contra Costa Times and the San Ramon Valley Times on November 22, 2012. Proof of publication is attached. RECOMMENDED BOARD ACTION: Confirm the publication of a summary of District Ordinance No. 275. Page 1 of 3 Contra Costa Times Legal No. SUMMARY OF ORDI- PO Box 4147 NANCE NO. VS Walnut Creek, CA 94596 AN ORDINANCE OF THE (925) 935 -2525 CENTRAL COCA SANRARY DISTRICT AMENDING CHAPTER 220 OF THE DISTRICT CODE ENTITLED *CONFLICT OF INTEREST CODE Ordinance No. 275 amends the Central Carts Costa sanitary CENTRAL CC SANITARY District Code by sim- plifying haptthe PAYABLE 5019 IMHOFF PL. DJo clarify that the Dis- j MARTINEZ CA 94553 -4316 trict s entire Conflict of Interest Code shall be adopted by resoletion of the Board. Be- cause the Conflict of PROOF OF PUBLICATION Interest Cade must be reviewed and updated biennially the District Code has been revised FILE NO. Ordinance 275 �°ct �e of Interest qulrements into a Board resolution, which can be updated as necessary thus re- ducing the frequency In the matter of of District code amendments. Contra Costa Times NOTE: The above is a I am a citizen of the United States and a resident of the County summary of major highlights of the ordi- I am over the age of eighteen ears, and not a art to 9 9 Y party nance. A reading of the entire ordinance or interested in the above - entitled matter. may be necessary to obtain a full under - standing of all of the I am the Princi al Legal Clerk of the Contra Costa Times, a P 9 gauges. A certified py of the full text of newspaper of general circulation, printed and published at 2640 the may be read in the Shadelands Drive in the City of Walnut Creek, County of Contra of the District's Office Costa, 94598 at 5019 Imhoff Place, Martinez and/or a copy may be obtained from the office. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, Adopted: November 15, 2012 State of California, under the date of October 22, 1934. Case AYES:M e m b e r s Number 19764. Hockett, Menesini, Williams, Nejedly NOES:Members:None The notice, of which the annexed is a printed copy (set in type not Ell embers smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof /s/ James A.Neiedly on the following dates, to -wit: James A. Ne ediy president o the Board 11/2212012 of Directors Central Contra Costa Sanitary District County of Contra Cos- ta, State of California COUNTERSIGNED: /s/ Elaine R. Boehme Elaine R. Soehme, CMC Secretary of the Dis- trict Central Contra Costa Sanitary District County of Contra Cos- ta, State of California Approved as to Form: /s/ Kenton L. Alm Kenton L. Alm, Esq. Counsel for the District Publication Date: November 22, 2012 CCT# 46ra74 Nov. 22.2012 i certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 29th day of November, 2. Signature R� DEC 3— 2012 Ji Admin. Services fan, Ramon Valley Times PO Box 68 Danville, CA 94526 -0068 (925) 837 -4267 CENTRAL CC SANITARY ANN /ACCOUNTS PAYABLE,5019 IMHOFF PL. MARTINEZ CA 94553 -4316 PROOF OF PUBLICATION FILE NO. ORD 275 SUM In the matter of 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: 11/22/2012 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 23th day of November, 2012. Signature Legal No SUMMARY Of ORDINANCE N0.275 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANrTARY DIS'FRICTAMENDIN6 CHAPTER 2.20 OF THE DISTRICT CODE ENTITLED "CONFLICT OF INTEREST CODE Ordinance No. 275 amends the Central Contra Costa Sanitary District Code by sim- plifying Chapter 2.20 to Clanfy that the Dis- trict's entire Conflict of Interest Code shall be adopted by resolu- tion of the Board. Be- cause the Conflict of Interest Code must be reviewed and updated biennially the District Code has Seen revised to move most of the Conflict of Interest re- quirements into a Board resolution which can be updated as necessary thus re- ducing the Yrequency of District Cade amendments. NOTE: The above is a summary of major highlights of the ordi- nance. A reading of the entire ordinance may be necessary to obtain a full under- standing of all of the changes. A certified copy of the full text of the ordinance may be read in the Seretary of the District "s Office at 5019 Imhoff Place, Martinez and/or a copy may be obtained from the office. Adopted: November 15, 2012 AYES; Members: Hockett, Menesini, Williams, Nejedly NOES: Members: None ABSENT: Members: McGill /s/ James A. Neled ly James A. Neledly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Cos- ta, State of Californ ia COUNTERSIGNED: /s/ Elaine R. Boehme Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Cos- ta, State of California Approved as to Form: /s/ Kenton L. Alm Kenton L. Alm, Esq. Counsel for the District Publication Date: No- vember 22, 2012 SRVT #4646143 Nov 23.2012 0004695143 �JQ Z o -� 7 I