Loading...
HomeMy WebLinkAbout07. Confirm publication of summary of Revision to Exh. A of Uncodified Ordinance No. 296 Page 1 of 4 Item 7. CENTRAL SAN BOARD OF DIRECTORS ' POSITION PAPER MEETING DATE: FEBRUARY 1, 2018 SUBJECT: CONFIRM PUBLICATION OFASUMMARY OF REVISION TO EXHIBIT 'A' OF UNCODIFIED DISTRICT ORDINANCE NO. 296 SUBMITTED BY: INITIATING DEPARTMENT: DONNA M.ANDERSON, PROVISIONAL SECRETARY OF THE DISTRICT SECRETARY OF THE DISTRICT Ann Sasaki Deputy 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. BACKGROUND A summary of revisions made to Exhibit 'A' of District Ordinance No. 296, which was adopted by the Board at its meeting on November 16, 2017, was published in the Contra Costa Times and San Ramon Valley Times on November 28, 2017. The revisions reflected the elimination of capacity fees for Accessory Dwelling Units (ADUs) constructed within an existing space and reduced proportionate capacity fees for other ADUs as required by Senate Bill 229. The revised fee schedule became effective January 1, 2018. ALTERNATIVES/CONSIDERATIONS February 1, 2018 Regular Board Meeting Agenda Packet- Page 74 of 148 Page 2 of 4 Establishes presumption that the ordinance was correctly published and therefore would be deemed procedurally valid by a court. FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION This item was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION Confirm publication of a summary of revisions to Exhibit'A' of District Ordinance No. 296. ATTACHMENTS: 1. Contra Costa Times and San Ramon Valley Times Proof of Publications for summary of Revision to Exhibit A of ORD No. 296 February 1, 2018 Regular Board Meeting Agenda Packet- Page 75 of 148 Page 3 of 4 Contra Costa Times Legal No. 0006068295 175 Lennon Lane, Suite 100 SUMMARY OF REVISION TO Walnut Creek. CA 94598 EXHIBIT'A'OF ORDINANCE NO.296 AN UNCODIFIED ORDINANCE OF THE 925-943-8019 CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING A SCHEDULE OF CAPACITY FEES 2003732 Pursuant to Central Contra Costa Sanitary Dis- trict Code Section 6.12.020,Ordinance No.296 (uncodified) set capacity fees, rates, and charges. Exhibit A to the Ordinance is the CENTRAL CC SANITARY Schedule of Capacity Fees.Rates,and charges. At a noticed public hearing on November 16, ANN/ACCOUNTS PAYABLE 2017,the Board of Directors amended Exhibit A to reflect the elimination of capacity fees for 5019 IMHOFF PL. Accessory Dwellings units constructed within an existing space and reduced proportionate MARTINEZ, CA 94553-4316 capacity fees for other Accessory Dwelling Units as required by Senate Bill 229. The re- vised schedule is effective January 1,2018. NOTE The above is a summary of mayor 29 PROOF OF PUBLICATION 6. lights of the revised Exhibit A to Ordinance 296. A reading of the entire ordinance may be nec• essary to obtain a full understanding of all the changes. A certified copy of the full text of the FILE NO. Ord 296 ordinance Is posted and may b� • ad In the Secretary of the District's Office at t)u19 Imhoff Place, Martinez, and/or a copy may be ob- tained from the office. Approved:November 16.2107 AYES:Members: McGill, Nejedly, Pilecki, Williams,Causey In the matter of NOES:Members:None ABSENT:Members:None Contra Costa Times /s/Paul H.Causey Presiam a citizen of the United States. I am over thea a of eighteen Central Contraent of Board of Directors 9 9 Central Contra Costa Sanitary District County ofyears and I am not a party to or interested in the above entitled COUNTERSIGNED tra Costa State of California matter. 1 am the Legal Advertising Clerk of the printer and /s/Elaine R.Boehme,CMC publisher of the Contra Costa Times, a newspaper published in Secretary of the District Central Contra Costa Sanitary District the English language in the City of Walnut Creek, County of Contra County of Contra Costa.State of California Costa, State of California. Approved as to Form:/s/Kenton L Alm,Esq. District Counsel CCT/SRVT#606829S;Nov.28,2017 1 declare that the Contra Costa Times is a newspaper of general circulation as defined by the laws of the State of California as determined by court decree dated October 22, 1934, Case Number 19764. Said decree states that the Contra Costa Times is adjudged to be a newspaper of general circulation for the City of Walnut Creek, County of Contra Costa and State of California. Said order has not been revoked. declare that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 11/28/2017 1 certify(or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 28th day—of-November, 2017. Signature February 1, 2018 Regular Board Meeting Agenda Paicket- Page 76 of 148 Page 4 of 4 San Ramon VaiieV Times Legal No. 0006068295 SUMMARY OF REVISION TO EXHIBIT'A'OF ORDINANCE NO.296 AN UNCODIFIED ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING A SCHEDULE OF CAPACITY FEES 2003732 Pursuant to cental contra costa Sanitary Dis- trict Code Section 6.12.020,Ordinance No.296 (uncodified) set capacity fees, rates, and charges. Exhibit A to the Ordinance is the CENTRAL CC SANITARY Schedule of capacity Fees,Rates,and charges. At a noticed public hearing on November 16, ANN/ACCOUNTS PAYABLE 2017,the Board of Directors amended Exhibit A to reflect the elimination of capacity fees for 5019 IMHOFF PL. Accessory Dwellings Units constructed within an existing space and reduced proportionate MARTINEZ, CA 94553-4316 capacity fees for other Accessory Dwelling Units as requiredb Senate Bill 229. The re- vised schedule is effective January 1,2018. NOTE The above 6.asummary of major 296. 9 PROOF OF PUBLICATION lights of the revised Exhibit A to Ordinance 296. A reading of the entire ordinance may be nec- essary to obtain a full understanding of all the changes. A certified copy of the full text of the FILE NO. Ord 296 ordinance is posted and may be read in the Secretary of the District's Office at 5019 Imhoff Place. Martinez, and/or a copy may be ob- tained from the office. Approved:November 16.2107 AYES:Members: McGill, Nejedly, Pilecki, Williams,Causey In the matter of NOES:Members:None ABSENT:Members:None San Ramon Valley Times /s/Paul H.Causey President of the ard of am a citizen of the United States. I am over the age of eighteen Central Contra Costa Sanitary District Countyears and I am not a party to or interested in the above entitled COUNTERSIGNED:tra Costa State of California matter. I am the Legal Advertising Clerk of the printer and /s/Elaine R.Boehme,CMC publisher of the San Ramon Valley Times(formerly Valley Secretary of the District Central Contra Costa Sanitary District Pioneer), a newspaper published in the English language in the County of Contra Costa,State of Ca#ifornla Town of Danville, County of Contra Costa, State of California. Approved as to Form:/s/Kenton L.Alm,Esq. District Counsel CCT/SRVT#6068295;Nov.28,2017 1 declare that the San Ramon Valley Times(formerly Valley Pioneer) is a newspaper of general circulation as defined by the laws of the State of California as determined by court decree dated April 28, 1947, Case Number 39468. Said decree states that the San Ramon Valley Times is adjudged to be a newspaper of general circulation for the Town of Danville,County of Contra Costa and State of California. Said order has not been revoked. declare that the notice, of which the annexed is a printed copy. has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 11/28/2017 1 certify(or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 28th day of November, 2017. Signature .BP316-0: February 1, 2018 Regular Board Meeting Agenda Packet- Page 77 of 148