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HomeMy WebLinkAbout02. Confirm publication of summaries for Distrit Ordinance Nos. 309 Exh.A and 315 Page 1 of 6 Item 2. Algi CENTRAL SAN BOARD OF DIRECTORS WE VS.101 M POSITION PAPER MEETING DATE: APRIL 15, 2021 SUBJECT: CONFIRM PUBLICATION OF SUMMARIES OF 1)AMENDMENTTO EXHIBITAOF UNCODIFIED DISTRICT ORDINANCE NO. 309, AND 2) CODIFIED DISTRICT ORDINANCE NO. 315 SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARY OF THE DISTRICT DISTRICT Roger S. Bailey Kenton L. Alm General Manager District Counsel 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 On March 18, 2021, the Board adopted amendments to Exhibit A of uncodified District Ordinance No. 309, and codified District Ordinance No. 315 . The summaries of these two ordinances were published in the Contra Costa Times and San Ramon Valley Times on March 25, 2021. The amendments to Exhibit A of District Ordinance No. 309 included revisions to the Capacity Use Charge Program and approved the interest rate charged for the Non-residential Capacity Fee Installment Payment Program. April 15, 2021 Regular Board Meeting Agenda Packet- Page 23 of 185 Page 2 of 6 District Ordinance No. 315 amended District Code Chapters 1.04, 1.08, 1.16, 5.04, 5.08, 5.10, 5.12, 5.16, 6.12, 6.20, 6.24, 6.38, 7.02, 7.03, 7.04, 7.15, and 7.20. These ordinances went into effect on April 2, 2021. ALT ERNAT IVES/CONSIDERAT IONS Confirming publication of the ordinance summaries 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 the summaries of 1) amendment to Exhibit A of uncodified District Ordinance No.309, and 2) codified District Ordinance No. 315. Strateoic Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service GOAL TWO: Environmental Stewardship Strategy 1—Achieve 100%compliance in all regulations ATTACHMENTS: 1. Proof of Publication-Ordinance No. 309 summary of Revision to Exhibit 2. Proof of Publication-Ordinance No. 315 summary April 15, 2021 Regular Board Meeting Agenda Packet- Page 24 of 185 Page 3 of 6 Contra Costa Times Legal No. 0006562828 Attachment 1 2121 N.California Blvd.,Ste.290 SUMMARY OF REVISION TO EXHIBIT`A•OF ORDINANCE NO.309 Walnut Creek,CA 94596 AN UNCODIRED ORDINANCE OF THE 925-943-8019 CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING A SCHEDULE OF CAPACITY FEES Pursuant to Central Contra Costa Sanitary Dis- trict Code Section 6.12.020,Ordinance No.309 2003732 (uncodified) set capacity fees, rates, and charges. Exhibit A to the Ordinance is the Schedule of Capacity Fees,Rates,and Charges. At a noticed public hearing on March 18,2021, the Board of Directors amended Exhibit A to CENTRAL CC SANITARY reflect the creation of a new Non-Residential Capacity Fee Installment Payment Program ACCOUNTS PAYABLE which replaces the existing Capacity Use Charge Program. The revised schedule is ef- 5019 IMHOFF PL. fectiveApril 2,2o18. MARTINEZ, CA 94553-4316 NOTE:The above is a summary of major high- lights of the revised Exhibit A to Ordinance 309. A reading of the entire ordinance may be nec- essary to obtain a full understanding of all the PROOF OF PUBLICATION changes. Acersted copy of the available for public the ordinance is posted and available for public in- spection at the District Office, 5019 Imhoff Place,Martinez,California,or by emailing the Secretary of the District at sod centralsan_ FILE NO. Ord 309 (Exh A) Amendment afg. Approved:March 18,2021 AYES:Members: Hockett, Lauritzen, McGill, Williams,Pilecki NOES:Members:None ABSENT:Members:None /s/Tad Pilecki In the matter of President of the Board Central Contra Costa Sanitary District Contra Costa Times County of Contra Costa,State of California COUNTERSIGNED: I am a citizen of the United States. I am over the age of eighteen /s/Katie Yount, years and I am not a party to or interested in the above entitled Secretary of the District Central Contra Sanitar matter. I am the Legal Advertising Clerk of the printer and publisher County of Co t aosta Costa,st to ofistrict California of the Contra Costa Times,a newspaper published in the English Approved as to Form:/s/Kenton L.Alm,Esq. language in the City of Walnut Creek,County of Contra Costa,State CCT/SRVT656282&Mar.M20 1 of California. I 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. I 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: 03/25/2021 1 certify(or declare)under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On this 25th day of March,2021. Signature April 15, 2021 Regular Board Meeting Agenda Packet- Page 25 of 185 Page 4 of 6 San Ramon Valley Times Legal No. 0006562828 SUMMARY OF REVISION TO EXHIBIT'A'OF ORDINANCE NO.309 AN UNCODIFIED ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADOPTING A SCHEDULE OF CAPACITY FEES Pursuant to Central Contra Costa Sanitary Dis- 2003732 trict code Section 6.12.020,Ordinance No.309 (uncodified) set capacity fees, rates, and charges. Exhibit A to the Ordinance is the Schedule of Capacity Fees,Rates,and Charges. CENTRAL CC SANITARY At a noticed public hearing on March 18,2021, the Board of Directors amended Exhibit A to ACCOUNTS PAYABLE reflect the creation of a new Non-Residential Capacity Fee Installment Payment Program 5019 IMHOFF PL. which replaces the existing Capacity Use Charge Program. The revised schedule is ef- MARTINEZ, CA 94553-4316 fectiveApri?2,2018. NOTE:The above is a summary of major high- lights of the revised Exhibit A to Ordinance 309. PROOF OF PUBLICATION A reading of the entire ordinance may be essary to obtain a full understanding of alll the the changes.A certified copy of the full text of the ordinance is posted and available for public in- spection at the District Office, 5019 Imhoff FILE NO. Ord 309 (Exh A) Amendment Place,Martinez,California,or by emailin99 the Secretary of the District at sod_ centratsan. org. Approved:March 18,2021 AYES:Members: Hockett, Lauritzen, McGill, Williams,Pilecki NOES:Members:None In the matter of ABSENT:Members:None San Ramon Valley Times /s/Tad Pilecki President of the Board I am a citizen of the United States. I am over thea a of ei hteen Central Contra Costa Sanitary District g g County of Contra Costa,State of California years and I am not a party to or interested in the above entitled COUNTERSIGNED: matter. I am the Legal Advertising Clerk of the printer and Secretary tof the District --�-- publisher of the San Ramon Valley Times(formerly Valley Central Contra Costa Sanitary District County of Contra Costa,State of California Pioneer),a newspaper published in the English language in the Approved as to Form:/s/Kenton L_Alnj&sg, Town of Danville,County of Contra Costa, State of California. District counsel_ CCT/SRVT 65628.28:Mar.25,2021 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. I 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: 03/25/2021 1 certify(or declare)under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 25th day of March,]2021. Signature April 15, 2021 Regular Board Meeting Agenda Packet- Page 26 of 185 Page 5 of 6 Contra Costa Times Legal No. 0006562811 Attachment 2 2121 N.California Blvd., Ste.290 SUMMARY OF ORDINANCE NO.315 Walnut Creek,CA 94596 AN ORDINANCE OF THE CENTRAL CONTRA SANITARY 925-943-8019 REVISING DISTRICTCOSTA CODE CHAPTERS DISTRICTCODEL08, 1.16.5.K 5A%5.10,5.12,5.16,6.12,6.20,6.24, 6.38,T.02,7.03,7.K 7.15,and 7.20 Ordinance No.315 adopts changes to District Code Chapters 1.04(General Provisions),1.08 2003732 (Enforcement and Penalties),1.16(Board Con- sideration of Staff Decisions), 5.04 (Permits and Licenses-General Provisions),5.08(Insur- ance and Other Permit Requirements), 5.10 CENTRAL CC SANITARY (Permit Enforcement Provisions and Rem- edies),5.12(Suspension or Revocation of Sew- ACCOUNTS PAYABLE erwork Permits and Suspension of Contractor Registrations), 5.16 (Sewer Improvement 5019 IMHOFF PL. Agreements),6.12(CapacityFee Program),6.20 (Reimbursement Fees), 1624 (Sewer Service Charge),6.38 (Recycled Water Charges), 7.02 MARTINEZ, CA 94553-4316 (Acceptance of interest in Real Property),7.03 (Quitclaiming or "Vacating" Easements), 7.04 (Use of Appurtenant Easements for District Sanitary Sewer Facilities),7.15(Easements and PROOF OF PUBLICATION Easement Encroachments),and 7.20(Right to Access District Facilities.) Changes include the inclusion of recycled water in Chapter 5(Per- mits and Licenses) and other locations, the creation new Non-Residential Capacity FILE NO. Ord 315 Summary Fee Installment nt Payment Program, and up- dates to the definition of a"separate addition- al residential unit" The revised code will be effective on April 2, 2021. NOTE:The above is a summary of major high- lights of the ordinance. A reading of the entire In the matter of ordinance may be necessary to obtain a full understanding of all the changes. A certified Contra Costa Times copy of the full text of the ordinance isposted and available for public inspection at the Dis- I am a citizen of the United States. I am over thea a of eighteen trict Office,5019 Imhoff Place,Martinez,Cali- fornia,or b�emailing the Secretary of the Dis- years and I am not a party to or interested in the above entitled trictatsod .centralsan.p% matter. I am the Legal Advertising Clerk of the printer and publisher Adopted:March 18,2021 of the Contra Costa Times,a newspaper published in the English AYES:Members: Hockett, Lauritzen, McGill, language in the City of Walnut Creek,County of Contra Costa, State NOTES:liamsMem� be si:None of California. ABSENT:Members:None IS/Tad Pilecki President of the Board declare that the Contra Costa Times is a newspaper of general couyo Sanitary iDistrict Contra Cost State ofCalifornia.f circulation as defined by the laws of the State of California as COUNTERSIGNED: determined by court decree dated October 22, 1934,Case Number /s/Katie Young Secretary olthe District 19764. Said decree states that the Contra Costa Times is adjudged Central Contra Costa Sanitary District to be a newspaper of general circulation for the City of Walnut County of Contra Costa,State of California on Creek, County of Contra Costa and State of California.Said order Approved as to Form: D st cttCoun ellen.Esq has not been revoked. GCT/SRVT 6562811;Mar.25,2021 1 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: 03125/2021 1 certify(or declare)under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On this 25th day of March,2021. Signature April 15, 2021 Regular Board Meeting Agenda Packet- Page 27 of 185 Page 6 of 6 San Ramon Valley Times Legal No. 0006562811 SUMMARY OF ORDINANCE NO.315 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REVISING DISTRICT CODE CHAPTERS L04,1.08, L16,5.04,5.08,5.10,5.12,5.16,6.12,6.20,62A 6.38,7A2,7.03,7.04,7.15,and 7.20 2003732 Ordinance No.315 adopts changes to District Code Chapters 1.04(General Provisions), 1.08 (Enforcement and Penalties),1.16(Board Con- sideration of Staff Decisions), 5.04 (Permits CENTRAL CC SANITARY and Licenses-General Provisions),5.08(Insur- ance and Other Permit Requirements), 5.10 ACCOUNTS PAYABLE (Permit Enforcement Provisions and Rem- edies),5.12(Suspension or Revocation of Sew- 5019 IMHOFF PL. er Work Permits and Suspension of Contractor Registrations), 5.16 (Sewer Improvement MARTINEZ, CA 94553-4316 Agreements),6.12(Capacity Fee Program),6.20 (Reimbursement Fees), 6.24 (Sewer Service Charge), 6.38 (Recycled Water Charges), 7.02 (Acceptance of Interest in Real Property),7.03 (Quitclaiming or "Vacating" Easements PROOF OF PUBLICATION (Use of Appurtenant Easements for District Sanitary Sewer Facilities),7.15(Easements and Easement Encroachments),and 7.20(Right to Access District Facilities.) Changes include the FILE NO. Ord 315 Summary inclusion of recycled water in Chapter 5(Per- mits and Licenses) and other locations,the creation of a new Non-Residential Capacity Fee Installment Payment Program, and up- dates to the definition of a"separate addition- al residential unit." The revised code will be effective on April 2, 2021. In the matter of NOTE:The above is a summary of major high- San Ramon Valley Times lights of the ordinance. A reading of the entire ordinance may be necessary to obtain a full understanding of all the changes. A certified I am a citizen of the United States. I am over the age of eighteen copy of the full text of the ordinance is posted ears and I am nota arty to or interested in the above entitled and available for public inspection ti the all- y party•7 trio Office,5019 Imhoff Place,Martinez,Cali- matter. I am the Legal Advertising Clerk of the printer and fomia,or by emailing the Secretary of the Dis- trict atsod@centralsan.org. publisher of the San Ramon Valley Times(formerly Valley Adopted:March 18,2021 Pioneer),a newspaper published in the English language in the AYES:Members: Hockett, Lauritzen, McGill, Town of Danville,County of Contra Costa,State of California. Williams,Pilecki NOES:Members:None ABSENT:Members:None declare that the San Ramon Valley Times(formerly Valley /s/Tad Pilecki _Board Pioneer)is a newspaper of general circulation as defined by the Cent aint of __ Central Contra Costa Sanitary District laws of the State of California as determined by court decree COUNTERSIGNED:County of Contra Costa State of California dated April 28, 1947, Case Number 39468. Said decree states Is/Katie Young_„____,.____�____N__ that the San Ramon Valley Times is adjudged to be a newspaper 5ecretaryoftheDistrict Central Contra Costa Sanitary District of general circulation for the Town of Danville, County of Contra County of Contra Costa,State of California Costa and State of California.Said order has not been revoked. Approved as to Form:/s/Kenton L.Alm,_Esq. District Counsel CCT/SRVT 6562811;Mar.25,2021 1 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: 03125/2021 1 certify(or declare)under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On this 25th day of March,2021. G f Signature April 15, 2021 Regular Board Meeting Agenda Packbt- Page 28 of 185