HomeMy WebLinkAbout06.a. Public Hearing re adopting Ordinance to amend District Code re Sewer Service Charge refunds Central Contra Costa Sanitary District
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.�, BOARD OF DIRECTORS
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r . POSITION PAPER
Board Meeting Date: February 4, 2016
Subject: CONDUCT A PUBLIC HEARING FOR FEBRUARY 4, 2016 TO RECEIVE
PUBLIC COMMENT ON REVISING DISTRICT CODE RELATED TO
SEWER SERVICE CHARGE REFUNDS
Submitted By. Initiating Dept./Div.:
Thomas Brightbill, Senior Engineer Engineering & Technical Services /
Planning & Development Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Gemmell—Planning & Development Services Division Mgr. ► -J a
JM. Petit—Director of Engineering &Technical Services
Kent AlmRoger S.Bailey I
Counsel for the trict General Manager
ISSUE: The District Code requires that a public hearing be held r to Board
consideration of revisions.
BACKGROUND: At a previous meeting of the Finance Committee, the review of a
refund for a sewer service charge prompted a discussion about whether a formal refund
policy was needed. The Committee Members were split about whether such a policy
was needed. Following the Committee meeting, staff reviewed District Code and State
law with District Counsel. Based on these discussions, staff believes that a revision to
District Code would be the best way to address this issue. A strikeout of the suggested
revised wording is set forth in Attachment 1. A graphical summary of the proposed
changes is shown in Attachment 2, and the proposed ordinance is included as
Attachment 3.
ALTERNATIVES/CONSIDERATIONS: The Board of Directors may decline to revise
District Code.
FINANCIAL IMPACTS: None by setting the public hearing.
COMMITTEE RECOMMENDATION: This matter was reviewed by the Finance
Committee on December 22, 2015 and recommended holding the public hearing.
RECOMMENDED BOARD ACTION: Conduct the public hearing and adopt Ordinance
No. 289 revising Section 6.24.060 — Credits and adjustments, and Section 6.24.070 —
(Sewer Service Charge) Refunds.
Attached Supportinq Documents:
1. Proposed District Code Sections 6.24.060 and 6.24.070
2. Graphical Summary
3. Proposed Ordinance No. 289
Attachment 1
6.24.060 - Credits and adjustments.
A credit or adjustment will be made on a case-by-case basis in accordance with
standard operating procedure.
AB. For both residential and nonresidential properties, a credit or adjustment may be
given where the property has been permanently disconnected from the sanitary sewer
system in accordance with this eCode and the sStandard sSpecifications.
BG. For nonresidential uses, a credit or adjustment may be given where the property
has been vacant for at least a twelve-month period.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.070 - Refunds.
Notwithstanding the limitations in Government Code Section 53082, Wwhen any refund
becomes due and owing by virtue of action of the Board or by virtue of any error made
in ascertaining the charge applicable to any customer, the General Manager is
authorized to make payable such moneys from the specific fund established for the
deposit of sewer service charges, as follows:
A. in the event ef an OVeFGhaFge fer sewer serviE;es (i.e., Gases !R WhiGh sewe
provided, but iR an eFFeneeusly high amount), all refURd --laims shall he
R In the event of a charge for "non-service" (i.e., cases in which no sewer services
were provided to property owners, but were nonetheless inadvertently charged), equity
requires that the District treat property owners who paid the fees fairly and refund claims
shall be subject to the following restrictions,
53982:
1 . Fees collected before January 1, 1992, shall be refunded in full to the
party that in fact paid the fees upon the presentation of adequate documentation.
2. Fees collected after January 1, 1992, from a person still owning the same
property shall be subject to refund starting from the date that the current property
owner acquired the property through the period when fees were erroneously
paid.
frern the date ef payment.
3. Refunds of fees collected after January 1, 1992 from a property owner
who no longer owns the property shall be limited to a refund for a maximum of
four years from the date of the request for refund.
Attachment 1
B. In the event of an overcharge for sewer services (i.e., cases in which sewer
services were provided, but in an erroneously high amount), all refund claims shall be
limited to repayment for the amount erroneously paid during the period of four years
from the date of the request for refund.
(Ord. 253 § 1(Exh. A(part)), 2008)s
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Attachment 2
ATTACHMENT 3
ORDINANCE NO. 289
AN ORDINANCE OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
REVISING DISTRICT CODE
CHAPTERS 6.24.060 AND 6.24.070
WHEREAS, the Central Contra Costa Sanitary District (District) has determined that
there is a need to update certain provisions within Chapter 6 of the District Code; and
WHEREAS, a public hearing was noticed pursuant to Government Code Sections
50022.3 and 6066 for February 4, 2016 at 2:00 p.m. at the District Board of Directors
Regular Meeting scheduled for that date; and
WHEREAS, a properly noticed public hearing was held on February 4, 2016 where all
interested parties were given an opportunity to be heard, and thereupon the public
hearing was closed; and
WHEREAS, the District Counsel has reviewed these proposed Code revisions and
concluded adoption of these Code modifications does not constitute a CEQA Project as
defined under Title 14 of California Code of Regulations; specifically it does not
constitute a Project pursuant to §§ 15378(b)(2), (4) and (5) because:
i) this action is continuing administrative in nature, and deals with general
policy and procedure making; and
ii) it does not create any governmental funding mechanism or fiscal activity
involving a commitment to any specific project; and
iii) it is an organizational and administrative activity that will not result in any
direct or indirect changes to the environment; and
WHEREAS, the Board of Directors duly considered all oral and documented evidence.
NOW, THEREFORE, the Board of Directors of the District does ordain as follows:
Section 1. Adoption of New Provisions
Former Section 6.24.060, entitled "Credits and Adjustments" and former
Section 6.24.070, entitled "Refunds," of Chapter 6 of the District Code, entitled "Fees
and Charges," are hereby replaced by new Sections 6.24.060 and 6.24.070, both
bearing the same titles, as set forth herein.
Section 2. Section 6.24.060 of the District Code shall be amended to read
as follows:
6.24.060 - Credits and adjustments.
A credit or adjustment will be made on a case-by-case basis in accordance with
standard operating procedure.
A. For both residential and nonresidential properties, a credit or adjustment
may be given where the property has been permanently disconnected
from the sanitary sewer system in accordance with this Code and the
District's Standard Specifications.
B. For nonresidential uses, a credit or adjustment may be given where the
property has been vacant for at least a twelve-month period.
(Ord. 289 § 1, 2016)
Section 3. Section 6.24.070 of the District Code shall be amended to read
as follows:
6.24.070 - Refunds.
Notwithstanding the limitations in Government Code Section 53082, when any
refund becomes due and owing because sewer services fees were paid for which
no services were delivered, or due to an error made in ascertaining the charge
applicable to a customer, the General Manager is authorized to make payable
such moneys from the specific fund established for the deposit of sewer service
charges, as follows:
A. In the event of being charged for "non-service" (i.e., cases in which sewer
service fees were paid and no sewer services were provided), equity
requires that the District treat the property owners who paid the fees fairly
and refund claims shall be subject to the following restrictions:
1. Fees collected before January 1, 1992, shall be refunded in full to
the party that in fact paid the fees upon the presentation of
adequate documentation.
2. Fees collected after January 1, 1992, from a person still owning the
same property shall be subject to refund starting from the date that
the current property owner acquired the property through the period
when fees were erroneously paid.
3. Refunds of fees collected after January 1, 1992, from a property
owner who no longer owns the property shall be limited to a refund
for a maximum of four years from the date of the request for refund.
B. In the event of an overcharge for sewer services (i.e., cases in which
sewer services were provided, but in an erroneously high amount), all
refund claims shall be limited to repayment for the amount erroneously
paid during the period of four years from the date of the request for refund.
(Ord. 289 § 2, 2016)
Section 4. Findina of No "Project."
The District Board's action in adopting the proposed Code revisions does not constitute
a Project as envisioned by CEQA, as this action is consistent with defined
circumstances which do not constitute a Project pursuant to the provisions of Title 14
§§ 15378(b)(2), (4) and (5).
Section 5. Effective Date.
This Ordinance shall be a general regulation of the District and shall be published once
in the Contra Costa Times and San Ramon Valley Times, newspapers of general
circulation within the District, and shall be effective on March 15, 2016. This Ordinance
shall be kept on file with the Secretary of the District.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 4t" day of February, 2016, by the following vote:
AYES: Members:
NOES: Members:
ABSTAIN: Members:
Tad J. Pilecki
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Elaine R. Boehme, CMC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
District Counsel