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Home My WebLink About05.a.1) Public hearing to place delinquencies on tax rollJ'. q - 1) CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARING TO RECEIVE COMMENTS ON PLACING FISCAL YEAR 2013 -14 DELINQUENT CHARGES ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL SUGGESTED AGENDA JULY 25, 2013 Request staff report 2. Public hearing on proposed resolution directing that Fiscal Year 2013 -14 delinquent charges for the properties listed on Exhibit A be placed on the Contra Costa County property tax roll for collection: A. Open public hearing B. Receive public comment, if any C. Close public hearing 3. Discussion 4. Recommended Actions: A. Adopt a resolution directing that FY 2013 -14 delinquent charges for the properties listed on Exhibit A be placed on the Contra Costa County property tax roll for collection. (Four affirmative votes required.) Central Contra Costa Sanitary District W__ BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 25, 2013 Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT FISCAL YEAR 2013 -14 DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL Submitted By: Earlene Millier, Engineering Assistant III Initiating Dept. /Div.: Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Brightbill — Senior Engineer D. Gemmel[ — Environmental Services Division Mgr. K. Alm C. Swanson Counsel for the District Provisional General Manager ISSUE: A resolution of the Board of Directors passed by four affirmative votes is needed to place charges on the Contra Costa County tax roll. RECOMMENDATION: Adopt a resolution directing that Fiscal Year (FY) 2013 -14 delinquent charges be collected on the Contra Costa County property tax roll for properties on the attached list (Exhibit A). FINANCIAL IMPACTS: This action will provide for collection of $133,440.69 in unpaid capacity and other fees from properties that connected to the sanitary sewer without payment of fees. Placing the delinquent charges on the property tax roll for collection will ensure that the District collects the charges. ALTERNATIVES /CONSIDERATIONS: The Board could decline to place the delinquent charges on the property tax roll or direct staff to make alternative arrangements. Since staff has exhausted all feasible efforts for collection, declining establishment of a lien would likely result in the delinquent amounts being uncollectible. BACKGROUND: The subject properties for which capacity fees and other fees and charges are delinquent are referenced in Exhibit A (attached). A single family residence, several second living units, and multi - family residential units were connected to the sanitary sewer without payment of capacity fees, permit and inspection fees, and sewer service charges. Staff has sent several letters to the property owners, and has met the legal requirements for notice, but these efforts have not resulted in collection of the fees and charges. Staff recommends that the delinquent fees and charges, including 10% delinquency charges and penalties accrued through July 25, 2013 at 1 Y2 percent per month, as C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Conduct PH to Consider Delinquency 7 -25 -13 Final.doc Page 1 of 2 POSITION PAPER Board Meeting Date: July 25, 2013 Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT FISCAL YEAR 2013 -14 DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL provided in District Code, be collected by placing these amounts on the property owners' tax bills. A resolution of the Board is needed to place delinquent charges on the Contra Costa County tax roll. If approved, the delinquent charges on the properties listed on Exhibit A will be sent to Contra Costa County for inclusion on property tax bills, which are generally issued in October of each year. Staff will monitor the list of properties until then to determine if any additional properties are listed for sale and if they are, will file Certificates of Unpaid Charges to secure the charges until the tax bills are prepared and sent. COMMITTEE RECOMMENDATION: This matter will be discussed with the Budget and Finance Committee at their July 23, 2013 meeting. RECOMMENDED BOARD ACTION: Adopt a resolution directing that FY 2013 -14 delinquent charges for the properties listed on Exhibit A be placed on the Contra Costa County property tax roll for collection. Attached Supportinq Documents: 1. Proposed Resolution 2. Exhibit A C:\ Users \dandersonWppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Conduct PH to Consider Delinquency 7 -25 -13 Final.doc Page 2 of 2 RESOLUTION NO. 2013 — 014g A RESOLUTION DIRECTING THAT FISCAL YEAR 2013 -14 DELINQUENT CHARGES FOR PROPERTIES LISTED ON EXHIBIT A BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL WHEREAS, second living units on properties identified on Exhibit A have been connected to the sanitary sewer without payment of appropriate capacity fees and other fees due; and WHEREAS, single family residences on properties identified on Exhibit A have been connected to the sanitary sewer without payment of appropriate capacity fees and other fees due; and WHEREAS, multi - family residential units on properties identified on Exhibit A have been connected to the sanitary sewer without payment of appropriate capacity fees and other fees due; and WHEREAS, District staff has attempted to collect said fees and charges by mailing letters and invoices to the property owners; and WHEREAS, when said fees and charges became delinquent, the Central Contra Costa Sanitary District (District) assessed delinquency charges, and since that time has assessed penalties pursuant to provisions of District Code Section 1.08.080; and WHEREAS, the District Code provides that District may elect to collect delinquent charges on the tax roll as provided by Section 5473a and following, of the California Health and Safety Code; and WHEREAS, the District considers it to be economical and efficient to collect delinquent charges on the Contra Costa County tax roll; NOW, THEREFORE, be it resolved by the Board of Directors of the District: 1) THAT Fiscal Year 2013 -14 delinquent charges for the properties listed in Exhibit "A" attached hereto and by this reference made a part hereof, are to be collected on the Contra Costa County Property Tax Roll. Resolution No. 2013- 0 /$' Central Contra Costa Sanitary District Page 2 of 2 Passed and adopted this 25th day of July, 2013 by the Central Contra Costa Sanitary District Board of Directors by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly 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 District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District EXHIBIT A DELINQUENT CHARGES APPLICATION NUMBER AND CUSTOMER NAME PROPERTY ADDRESS AND ASSESSOR'S PARCEL NUMBER DELINQUENT CHARGE 02 -913 269 Davey Crockett Ct, Alamo, CA $ 9,135.18 Patricia M Buck, Tre 187 - 430 -005 03 -1038 700 Via Hermosa, Danville, CA $ 9,000.18 Rick W., Leslie & Dorothy J 216- 130 -010 Broussard 05 -1569 127 Caminar Way, Walnut Creek, CA $ 8,560.53 Beverly Gardner & Lori Landis 180 - 250 -023 05 -1708 545 El Pintado Rd, Danville, CA $ 9,000.18 Cesar Rashoff 200 - 010 -020 05 -2095 3112 Kirby Ln, Walnut Creek, CA $ 9,000.18 Ormand E and Bryan Dix 135 - 221 -002 05 -2464 165 Oakvale Rd, Walnut Creek, CA $ 8,278.79 Abhindrajeet S Sandhu & 175 - 120 -046 Jothi Shambhavi 06 -2079 135 Montecito Dr, Walnut Creek, CA $ 8,633.38 Roshanak Rahimi 175 - 132 -009 07 -1885 275 La Casa Via, Walnut Creek, CA $ 8,845.13 Basil Boutris, Tre 140 - 140 -013 08 -1325 3382 Johnson Rd, Lafayette, CA $ 8,736.13 Nancy G Martin, Tre 167- 220 -022 09 -1178 1189 Livorna Rd, Alamo, CA $ 8,504.09 Steve & Kathleen Tarpley, Tre 192 - 220 -018 10 -1165 80 Laurel Dr, Danville, CA $ 45,746.92 Donald L & Claudia Garcia, 216- 101 -008 Tre TOTAL DELINQUENT CHARGES $133,440.69