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HomeMy WebLinkAbout07.a. Resolution approving policy for accepting Proposition 218 notice protestsCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS • POSITION PAPER Board Meeting Date: March 17, 2011 Subject: CONSIDER ADOPTING A RESOLUTION APPROVING A POLICY FOR ACCEPTING PROPOSITION 218 NOTICE PROTESTS Submitted By Initiating Dept. /Div.: Kenton Alm, District Counsel District Counsel REVIEWED AND RECOMMENDED FOR BOARD ACTION: Kent Alm District Counsel James I11I. K y, General Ma ger ISSUE: The District does not at present have guidelines for accepting written protests from owners and tenants of parcels to whom Proposition 218 Notices are sent. RECOMMENDATION Adopt a resolution and policy for accepting Proposition 218 Notice protests. FINANCIAL IMPACTS: None. ALTERNATIVES/CONSIDERATIONS: Do not adopt a policy. BACKGROUND: Since Proposition 218 and its companion statutes contain few specific constraints on the form of the protest,' some public agencies have chosen to adopt reasonable, supplementary policies governing the submission and tabulation of the protests. A formal, previously- adopted policy governing the hearing procedures has the advantage of clarifying the process for the District and its customers. At .the March 3, 2011 Board meeting, staff presented a draft resolution and policy for accepting Proposition 218 Notice protests for Board consideration. and input. At that meeting, the Board directed staff to proceed with the policy, to be brought back at the March 17 Board meeting for action. Accompanying this position paper is. a proposed resolution and policy for accepting Proposition 218 Notice protests. RECOMMENDED BOARD ACTION: Adopt a Resolution approving the policy for accepting Proposition 218 Notice protests. ' See Dal. Const. Art. X111 D, sec. 5; Gov. Code § 53750 et seq. Together, these laws are referred to as "Ptoposition 21.5." N: IADMINSMADMINUST- SECTROP 2181Prop 218 Protest Policy PP.doc RESOLUTION NO. 2011-007 A RESOLUTION ESTABLISHING DISTRICT POLICY FOR THE SUBMISSION AND TABULATION OF WRITTEN PROTESTS AGAINST NEW OR INCREASED FEES OR CHARGES WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District (CCCSD) finds that according to Article XIIID of the California. Constitution and California Government Code section 53755, an owner or tenant of a parcel receiving a property -- related service may, after receiving notice of a proposed increase in a fee or charge, submit a written protest to the proposed increased fee or charge; and WHEREAS, the Board of Directors wishes to adopt more detailed guidelines for the submission and tabulation of the written protests; and WHEREAS, the validity of written protests that are signed by the owner or tenant would allow validation in the event of a challenge or suspected irregularity. NOW, THEREFORE, be it resolved that the Board of Directors of the CCCSD hereby approves and adopts the attached "Policy for the Submission and Tabulation of Protests." PASSED AND ADOPTED this 17 day of March 2011, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kent L. Alm, Esq. Counsel for the District CENTRAL CONTRA COSTA SANITARY DISTRICT POLICY FOR THE SUBMISSION AND TABULATION OF PROTESTS Submittal of Protests Any property owner and/or tenant of a parcel may submit a written protest to the Secretary of the District. 2. To be valid, a written protest must bear the signature of the record owner or tenant with respect to the property identified and may not have been altered by anyone who did not sign the protest. Each protest must identify the affected property by Assessor's Parcel Number or street address. 3. Protests may be delivered to the Secretary of the District or submitted at the public hearing. Protests may be delivered by personal delivery, mail, fax, or e- mail (pdf). Preferably, mailed protests will note on the envelope, "Sewer Service Charge Protest." Protests must be received by the end of the public hearing. No postmarks will be accepted. 4. Only one protest will be counted per parcel. If a signed written protest is received from both the property owner and tenant, only one protest will be counted. If a parcel served by the District is owned by more than a single record owner, either or both owners may submit a protest, but only one protest will be counted per parcel and any one protest submitted in accordance with these rules will be sufficient to count as a protest for that property. 5. Any person who submits a protest may withdraw it by submitting to the Secretary of the District a writing requesting that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or tenant who submitted both the protest and the request that. it be withdrawn.. 5. The Board welcomes input from the community at any time, including during the public hearing on the proposed charges, but only written protests will be counted as formal protests. Gather electronic means of communication which are not fully compliant with the signature and informational requirements set forth herein shall not be considered as valid protests. 7. To ensure transparency and accountability in the protest process, protests shall be maintained in confidence from their receipt until disclosure of the number of protests at the public hearing, at which time they shall become disclosable public records. Page 1 Tabulation of Protests The Secretary of the District shall determine the validity of all protests. The Secretary shall not accept as valid any protest if the Secretary determines that any of the following conditions exist: a. The protest does not identify a property served by the District; b. The protest does not bear a signature of a record owner or tenant of the parcel identified on the protest; C. The protest does not clearly state its opposition to the proposed charges; d. The protest was not received by the Secretary before the close of the public hearing on the fee increase; e. A request to withdraw a previously- submitted protest is received prior to the close of the public hearing on the proposed charge; f. The protest was altered by one other than -the owner or tenant who signed it. 2. The Secretary of the District's decision that a protest is not valid or does not apply to a specific charge shall constitute a final action of the District and shall not be subject to any internal appeal. 3. A majority protest exists if written protests are timely submitted and not withdrawn by the record owners or tenants of a majority of the properties subject to the proposed charge. Adopted by the CCCSD Board of Directors March 17, 2011 1 005802.' Page 2