HomeMy WebLinkAbout08.b. Conduct hearing re appeal by Richard Price of staff decision to assess fees and chargesCentral Contra Costa Sanitary District
I
BOARD OF DIRECTORS . b .
POSITION PAPER
Board Meeting Date: June 6, 2013
Subject. CONDUCT A HEARING TO CONSIDER MR. RICHARD PRICE'S APPEAL
OF STAFF DECISION REGARDING CAPACITY FEES FOR
4221 BLACKHAWK MEADOW COURT, DANVILLE
Submitted By. Initiating Dept. /Div.:
T. Brightbill — Senior Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Gemmell — Environmental Services Division Mgr, 'r, 0-
K. Alm
Counsel for the District
C4
C. Swanson
Provisional General Manager
ISSUE: Mr. Richard Price, the owner of the residential property at 4221 Blackhawk
Meadow Court in Danville (APN 220 - 230 -021) has requested that the Board consider
providing relief from staff's final decision that a capacity fee and related fees are owed
for the single family residence that was constructed in 2004.
RECOMMENDATION: Affirm staff's decision that it is appropriate to assess a capacity
fee and related fees for the property at 4221 Blackhawk Meadow Court, Danville.
FINANCIAL IMPACTS: If affirmed, fees for capacity, application, annexation, and
inspection and back sewer service charges would be collected. The total amount for all
fees is $7,307.
ALTERNATIVES /CONSIDERATIONS: The Board may:
1. Provide relief for some or all of the fees
2. Request that staff develop additional information and continue the hearing to a
future date.
BACKGROUND: District Code Section 6.12.030 D specifies that for capacity fees for
new connections to the District's sewer system, "payment shall be due at the time of the
District's issuance of a permit to connect to the public sewer." District practice has
been to review plans received from applicants, provide comments and stamp the plans
in red with a note that states:
The proposed structure(s) may not be connected to the public main until:
1. The building rough plumbing is completed and approved by the city or county,
2. Application connection fees are paid to CCCSD,
3. An approved sewer contractor obtains a connection permit from CCCSD.
The process is explained to the applicant at the permit counter when the plans are
returned. Typically a sewer contractor obtains the permit and pays the application fee,
associated inspection fees and capacity fee at the "roof and rough plumbing" stage.
C: \Users \danderson \Desktop \PP Richard Price 6 -6 -13 FINAL.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: June 6, 2013
subject. CONDUCT A HEARING TO CONSIDER MR. RICHARD PRICE'S APPEAL
OF STAFF DECISION REGARDING CAPACITY FEES FOR
4221 BLACKHAWK MEADOW COURT, DANVILLE
On August 11, 2003, CCCSD received a permit application from Richard and Lisa Price
for the construction of a new residence at 4221 Blackhawk Meadow Court in the
community of Blackhawk. Our files and permit tracking software contained no
additional entries after that date. Historically, CCCSD staff had not tracked projects at
the application stage since those projects were often delayed and, in some cases,
property owners would abandon plans for construction.
In March 2012, CCCSD received an audit report on what has come to be known as the
Outstanding Fee Report. As a result of this report, all applications that were still open in
CCCSD's permit tracking system were reviewed. When aerial photos and other
historical data were reviewed for 4221 Blackhawk Meadow Court, staff determined that
a new single family residence had been constructed in 2004. Consistent with District
Code and presentations to the Board on the proposed collection of outstanding fees
from the audit report, staff notified Mr. Price that there were outstanding fees in the
amount of $7,307. These fees include the capacity charge, a permit application and
review fee, an annexation fee, inspection fees, and 2 years of back sewer service
charges as shown on the attached invoice.
The property did not pay the annual Sewer Service Charge from 2005 to 2012. The
invoice does include two years of past Sewer Service Charges, which we believe is a
very conservative view of what the District is able to collect under California State Law.
Based on guidance from District Counsel, the key date for connection fees would be the
date when CCCSD discovered that a fee was owed, not the actual date of connection.
Based on this, the fees for 4221 Blackhawk Meadow Drive fall well within the District
Code and the guidelines discussed for the collection of fees from the Outstanding Fee
Report audit.
On February 20, 2013, Mr. Price contacted CCCSD regarding the fees and invoice. In
his letter and subsequent telephone conversation with District staff, Mr. Price has stated
that he believes collection of the fees more than 10 years after the construction of his
home is unfair and unreasonable. He has attempted to contact the contractor who built
the home but is unable to locate him. He believes that after 10 years, it is
unreasonable to expect that a property owner would have retained receipts and records
in order to confirm whether fees had been paid.
During a May 15, 2013 telephone conversation, staff notified Mr. Price that their
decision that a capacity fee and related fees were owed was final. Under District Code
Section 1.16.010, Mr. Price would like to appeal this decision.
C:\ Users\ dandersonWppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Richard Price 6-
6-13 Fina12 (2).doc Page 2 of 3
POSITION PAPER
Board Meeting Date: June 6, 2013
Subject: CONDUCT A HEARING TO CONSIDER MR. RICHARD PRICE'S APPEAL
OF STAFF DECISION REGARDING CAPACITY FEES FOR
4221 BLACKHAWK MEADOW COURT, DANVILLE
COMMITTEE RECOMMENDATION: This item will be reviewed by the Budget and
Finance Committee on June 3, 2013.
RECOMMENDED BOARD ACTION: Conduct the hearing and deny the appeal.
Attached Supporting Documents:
1. Invoice
2. Correspondence
C:\ Users\ danderson \AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Richard Price 6-
6-13 Fina12 (2).doc Page 3 of 3
Central Contra Costa Sanitary District
[Attachment 1
Invoice
Customer
Description
Charge
TOTAL —�
Date 02/04/13
Mr. & Mrs. Richard Price
$140.00
$140.00
4221 Blackhawk Meadow Ct.
Annexation Fee
Capacity fees and other fees not
Danville, CA 94506 -5862
paid at time of connection
CCCSD Acct. #
Description
Charge
TOTAL —�
Application Fee - Existing Parcel
$140.00
$140.00
Annexation Fee
$424.00
$424.00
Inspection Fee
$324.00
$324.00
Sewer Service Charge, FY 2009 -10
$311.00
$311.00
Sewer Service Charge, FY 2010 -11
$311.00
$311.00
Capacity Fee, Residential, Zone 1 SFR
$5,797.00
$5,797.00
For property: 4221 Blackhawk Meadow Ct.
Danville
App # 3 -1222 Job: 3936
APN 220 - 230 -021 -2
TOTAL DUE
$7,307.00
Payment Details
Payment shall be made within 45 days of the date of this Invoice, no later than
March 21, 2013.
PLEASE REMIT TO:
CENTRAL CONTRA COSTA SANITARY DISTRICT
ATTN: Earlene Millier
5019 Imhoff Place
Martinez, CA 94553
(925) 957 -7613
Please return copy of invoice with remittance.
Ventral
Richard Price
4221 Blackhawk Meadow Court
Danville, CA 94506
Dear Mr. Price:
rAttachment 2
Sanitary District
FAX (925) 228 -4624
www, centralsan. oro
CURTIS W. SWANSON
Provisional General Manager
KENTON L. ALM
Counsel for the District
(510) 808 -2000
ELAINE R. BOEHME
Secretary of the District
CENTRAL CONTRA COSTA SANITARY DISTRICT CONNECTION FEES FOR 4221 BLACKHAWK
MEADOW COURT, DANVILLE; APN 220 - 230 -021; CCCSD APPLICATION #03 -1222
We received your February 20, 2013 letter regarding connection fees for your property at 4221
Blackhawk Meadow Court. We are happy to schedule this item for presentation at a Board of Directors
meeting; however it may be beneficial to review the matter with District staff prior to the meeting.
Your letter mentions the interaction between CCCSD and the local building department. The normal
procedure to obtain sewer and building permits for a new home would be:
• CCCSD receives plans and an application for sewer service. The plans are reviewed and if they
conform to CCCSD standards they are stamped, allowing a building permit to be issued. The
stamp specifically states:
The proposed structure(s) may not be connected to the public main until:
1. The building rough plumbing is completed and approved by the city or county.
2. Applicable connection fees are paid to CCCSD.
3. An approved sewer contractor obtains a connection permit from CCCSD.
• Once the rough plumbing is completed, the contractor or property owner pays fees to CCCSD, a
permit is issued, and sewer inspections are scheduled.
• Prior to closing out the building permit, the local building department reviews the building permit
to confirm that there are no outstanding issues.
In this case it appears that the Contra Costa County Building Inspection Division failed to confirm that a
sewer permit had been issued and that sewer connection fees had been paid prior to closing out the
building permit.
Senior Engineer Thomas Brightbill (925- 229 -7338 or tbdghtbill @centralsan.org) should be able to
answer your questions about the process and fees. If after speaking with Mr. Brightbill you would still like
to speak with the Board of Directors, he can arrange to have this item placed on the agenda for either the
March 21 or April 4 meeting.
Sincerely, j
V012- Danea Gemmell �.
Environmental Servic sio Manager
DG/TB /mvp
cc: Curt Swanson; Jim Nejedly
Recycied Pape
March 1, 2013
N :\ENVRSEC\Admin \Brightbill\2013 \Letters \Price Connection Fees Danville 3- 1- 13.doc