HomeMy WebLinkAbout03.a. review proposed revisions to the following existing BPs: 3.a.
Central Contra Costa Sanitary District
May 9, 2017
TO: ADMINISTRATION COMMITTEE CHAIR MCGILL
AND MEMBER WILLIAMS
FROM: ELAINE R. BOEHME, SECRETARY OF THE DISTRICTS y
SUBJECT: REVIEW OF BOARD POLICY BP 011
Issue
Staff has been directed to present existing Board Policies to the Administration Committee
for biennial review and submit proposed revisions to the Board for consideration.
Background
Staff has been directed to take existing Board Policies to the Administration Committee
every two years for review. If changes are proposed by staff or the Committee, the
changes will be scheduled for consideration by the Board.
We are now beginning the second biennial review of Board Policies. The first biennial
review focused on extracting "procedures" from the Policies, leaving them concise and
high-level. It is anticipated that this second biennial review will generate few if any
revisions.
Attached is Board Policy No. BP 011 — Policy for the Submission and Tabulation of
Proposition 218 Notice Protests for your review. The only proposed change is to
remove the requirement that any protests received remain confidential until the public
hearing. In discussing this with District Counsel, he concurred that it is not a legal
requirement that the protests be kept confidential. He agreed that it is in the best
interest of the Board to receive the protest letters before the public hearing, so their
comments may be taken into account during Board deliberations.
Attached Supporting Document.'
7. Board Policy No. BP 011
Central Contra Costa
Number: BP 011 Sanitary District
Authority: Board of Directors
Effective: March 17, 2011
Revised: March 19, 2015
Reviewed:
Initiating Dept./Div.: Administration
BOARD POLICY
POLICY FOR THE SUBMISSION AND TABULATION OF
PROPOSITION 218 NOTICE PROTESTS
PURPOSE
To establish a policy for handling protests related to fee or charge increases subject to
Proposition 218, in accordance with Article XIIID of the California Constitution and
California Government Code Section 53755.
POLICY
This policy establishes the criteria for handling written protests of fee and charge
increases subject to the Proposition 218 notification requirements. The policy provides
standards for validation of the tabulation of protests in the event of a challenge or claim
of irregularity.
Submittal of Protests
1. Any property owner and/or tenant of a parcel may submit a written protest to the
Secretary of the District for the affected parcel.
2. To be valid, a written protest must bear the signature of the record owner or
tenant of the parcel 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 or mail.
Electronic copies of signed written protests will also be accepted by fax oras a
PDF attached to an e-mail. Preferably, mailed protests will note on the envelope,
"Sewer Service Charge Protest" or "Recycled Water Fee Protest." Protests
submitted by mail, by fax ore-mail must be received prior to the start of the
public hearing; personally delivered written protests must be received by the end
of the public hearing. No postmarks will be accepted. No electronic means of
Number: BP 011
PROPOSITION 218 NOTICE PROTESTS
Page 2 of 3
communication will be accepted as a valid protest unless it is fully compliant with
the signature and informational requirements set forth herein.
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, each owner may submit a protest, but only one protest will be counted per
parcel and any single protest submitted in accordance with these rules will be
sufficient to count as a protest for that parcel.
5. Any person who submits a protest may withdraw it by submitting to the Secretary
of the District a written request that the protest be withdrawn. A property owner
may also withdraw a protest of a tenant. The withdrawal of a protest shall
identify the affected property by Assessor's Parcel Number or street address and
the name of the record owner or tenant who submitted both the protest and the
request that it be withdrawn.
6. The Board welcomes input from the community at any time, including during the
public hearing on the proposed charges, but only written protests consistent with
this policy will be counted as formal protests.
7. Upon the request of a property owner, the Secretary of the District will disclose
the receipt of a protest by a tenant for a particular property prior to the public
hearing.
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Tabulation of Protests
1 . The Secretary of the District shall determine the validity of all protests. The
Secretary of the District shall not accept as valid any protest if the Secretary of
the District determines that any of the following conditions exist:.
a. The protest does not identify a parcel currently receiving sewer service
from the District or reasonably served by the District's recycled water
pipelines;
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 timely received prior to the public hearing or
presented to the Secretary of the District before the close of the public
hearing on the fee increase;
e. A valid request to withdraw a previously-submitted protest is received prior
to the close of the public hearing on the proposed charge;
Number: BP 011
PROPOSITION 218 NOTICE PROTESTS
Page 3 of 3
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 administrative 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 parcels subject to
the proposed charge.