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HomeMy WebLinkAbout03.b. Review draft Position Paper to approve proposed revisions to Board Policy No. BP 011 – Policy for the Submission and Tabulation of Proposition 218 Notice Written Protests Page 1 of 9 Item 3.b. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER DRAFT MEETING DATE: AUGUST 6, 2019 SUBJECT: REVIEW DRAFT POSITION PAPER TO APPROVE PROPOSED REVISIONS TO BOARD POLICY NO. BP 011 — POLICYFOR THE SUBMISSION AND TABULATION OF PROPOSITION 218 NOTICE WRITTEN PROTESTS SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT REVIEWED BY: EMILY BARNETT, COMMUNICATIONS AND INTERGOVERNMENTAL RELATIONS MANAGER DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER ISSUE Staff has been directed to present existing Board Policies to the Administration Committee for biennial review. If changes are proposed by staff or the Committee, the changes are scheduled for consideration by the full Board. BACKGROUND Board Policy No. BP 011 - Policy for the Submission and Tabulation of Proposition 218 Notice Protests was first adopted in March 2011. It was revised in 2015 to expand the scope of the policy to cover notification and protests for recycled water and clarify the submittal of written protests by fax or email. It was revised again in 2017 to remove the requirement that any protests received remain confidential until the public hearing. I n preparation for the 2019 biennial review of BP 011, and in response to the desire expressed by two Board Members over the past year seeking ways to simplify the protest process, staff has worked with District Counsel to propose changes as follows: 1. Subheadings were added to make navigating the policy easier for customers; 2. A clarification was added that oral protests made during the public hearing will be included in the protest tabulation; and 3. The confidentiality clause was removed, because protests are not confidential. August 6, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 78 of 95 Page 2 of 9 These proposed revisions are shown in strikeout on Attachment 1. For illustrative purposes, they have been finalized in Attachment 2. ALTERNATIVES/CONSIDERATIONS The Board could choose not to make the proposed changes or could propose other changes. FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION This item was reviewed by the Administration Committee at its meeting held August 6, 2019. The Committee recommended RECOMMENDED BOARD ACTION Approve proposed revisions to Board Policy No. BP 011 - Policy forthe Submission and Tabulation of Proposition 218 Notice Protests, effective immediately. Strategic Plan Tie-In GOAL TWO: Strive to Meet Regulatory Requirements Strategy 3- Comply with all federal, state, and local regulations related to District administration ATTACHMENTS: 1. BP 011 (in strikeout) 2. BP 011 (with proposed revisions finalized) August 6, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 79 of 95 Page 3 of 9 ATTACHMENT 1 Number: BP 011 Authority: Board of Directors Effective: March 17, 2011 Revised: June 1, 2017, 8/15/19 Reviewed: Initiating Dept./Div.: Administration CENTRALSAN 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 peliGy and provides standards for the tabulation of protests in the event of a challenge or claim of irregularity. The Board welcomes input from the community at any time, including during public hearings on proposed fee and charge increases. Any property owner and/or tenant of a parcel currently receiving sewer service from the District or reasonably served by the District's recycled water pipelines may lodge a protest. Verbal protests made during noticed public hearings will be included in the final protest tabulation, but only written protests consistent with this policy will be counted as valid protests. Submittal of Protects 1 Any preperty ewner and/er tenant of a parnel may submit a written pretest to the Senretapi of the DistriGt fer the affente`t parnel 1. Written Protest Requirements a. Requirements for Validity. To be valid, a written protest mustbea y: 1) 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.. August 6, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 80 of 95 Page 4 of 9 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 2 of 4 EaGh pretest must identify the affe Gterd property by /assessor's Darnel Number or street address., 2) Identify the affected property by Assessor's Parcel Number or street address; 3) Clearly state its opposition to the proposed fees or charges. Z. 3Prootests may be deltveredDelivery to Central San a. Addressee. Written protests should be directed to the Secretary of the District or submitted nubbin hearing Dicetests b. Methods of Delivery. Written protests may be delivered }^bey}persenal deliveryr mail. ElaG r�GGenies ggrnie�T ween pretests any of the following methods, including: 1) U.S. Postal Service 2) Email (PDF signatures will afsG-be accepted by fax or as a PDF attached to an e-email) 3) Fax 4) Overnight mail— service, or 5) Personal delivery. Preferably, mailed or personally delivered protests will note on the envelope, "Sewee}rte Service Charge Protest" or "Recycled Water Fee Protest." submitted by mail by fax or e_mail must he reneiyed prier start of the n hearing; personally deliye-red written," as applicable. C. Timinq of Delivery. Written protests must be received by the eRdSecretary of the District: 1) Before the start of the public hearing 2) At the public hearing..–, or 3) By close of the public hearing. No postmarks will be accepted. No elentrenin means of nemmi ininatiOR will be aEEepted as a valid protan unless it is fUlly Cmmpliant with the signature and infermatienal requirements set forth herein 3. One Protest Per Parcel a. Protests from Both Property Owner and Tenant. Only one protest will be counted per parcel. If a signed written protest is received from both the property owner and tenant, only oeethe property owner's protest will be counted. August 6, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 81 of 95 Page 5 of 9 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 3 of 4 b. Protests from Multiple Owners of Single Parcel. If a parcel served by +ho DiStriGt 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. 4. Withdrawal of Protest a. Written Request to Secretary of the Distric Any person who submits a protest may withdraw it by submitting to the Secretary of the District a written request before or during the public hearir that the protest be withdrawn. b. rropeaV Owner Withdrawal of Tenant's Protest. A property owner may alse-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. o. The Beard we'GE)mos input from the GE)mmunity at any torn , Glurdinn during the public hearing OR the proposed charges, but only written protests GORsistent w this noun„ will be .Ounrted as formal protes�[This section was moved to p. 1] 5. Confidentiality— Disclosure of Protests a. Prior to Public Hearing. 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 PFieF tebefore the public hearing. b. At Public Hearing. Protests will be made available to the Board Members at the noticed public hearing and will be treated as public records. 6. Tabu IafiGnValidit� of Protests a. Who Determines Validity. The Secretary of the District shall determine the validity of all protests. b. Determining Validity. 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: 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-.2) The protest does not bear a signature of a record owner or tenant of the parcel identified on the protest; August 6, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 82 of 95 Page 6 of 9 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 4 of 4 E3) The protest does not clearly state its opposition to the proposed charges; dA) The protest was not timely received prior to the p iblin hearing or presented to the SeGretary of the Distrint before the Glow of the p ublin heoriRg on the fee innrease; and 4-- 5) A valid request to withdraw a previously- submitted protest is received prior tebefore the close of the public hearing. OR the proposed nharge Knee protest was altered by ne other tthaR the OWReeror teRaRt who SigRed mt. C. No Appeal of Decision on Validity. The Secretary of the District's decision that a protest is not valid or does not apply to a specific fee or charge shall constitute-a final action of the District and shall not be subject to any administrative appeal. 7. Determination of Majority Protest 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. [Original retained by the Secretary of the District] August 6, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 83 of 95 Page 7 of 9 Number: BP 011 ATTACHMENT 2 Authority: Board of Directors Effective: March 17, 2011 _ Revised: 6/1/17, 8/15/19 Reviewed: R ALSANInitiating 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 and provides standards for the tabulation of protests in the event of a challenge or claim of irregularity. The Board welcomes input from the community at any time, including during public hearings on proposed fee and charge increases. Any property owner and/or tenant of a parcel currently receiving sewer service from the District or reasonably served by the District's recycled water pipelines may lodge a protest. Verbal protests made during noticed public hearings will be included in the final protest tabulation, but only written protests consistent with this policy will be counted as valid protests. 1. Written Protest Requirements a. Requirements for Validity. To be valid, a written protest must: 1) 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; 2) Identify the affected property by Assessor's Parcel Number or street address; 3) Clearly state its opposition to the proposed fees or charges. 2. Delivery to Central San a. Addressee. Written protests should be directed to the Secretary of the District. August 6, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 84 of 95 Page 8 of 9 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 2 of 3 b. Methods of Delivery. Written protests may be delivered by any of the following methods, including: 1) U.S. Postal Service 2) Email (PDF signatures will be accepted if attached to an email) 3) Fax 4) Overnight mail service, or 5) Personal delivery. Preferably, mailed or personally delivered protests will note on the envelope, "Sewer Service Charge Protest" or "Recycled Water Fee Protest," as applicable. C. Timinq of Delivery. Written protests must be received by the Secretary of the District: 1) Before the start of the public hearing 2) At the public hearing, or 3) By close of the public hearing. No postmarks will be accepted. 3. One Protest Per Parcel a. Protests from Both Property Owner and Tenant. Only one protest will be counted per parcel. If a signed written protest is received from both the property owner and tenant, only the property owner's protest will be counted. b. Protests from Multiple Owners of Single Parcel. If a parcel 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. 4. Withdrawal of Protest a. Written Request to Secretary of the District. Any person who submits a protest may withdraw it by submitting to the Secretary of the District a written request before or during the public hearing that the protest be withdrawn. b. Property Owner Withdrawal of Tenant's Protest. A property owner may withdraw the protest of a tenant. The withdrawal of a protest shall identify the affected property by Assessor's Parcel Number or street address and August 6, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 85 of 95 Page 9 of 9 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 3 of 3 the name of the record owner or tenant who submitted both the protest and the request that it be withdrawn. 5. Confidentiality— Disclosure of Protests a. Prior to Public Hearing. 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 before the public hearing. b. At Public Hearing. Protests will be made available to the Board Members at the noticed public hearing and will be treated as public records. 6. Validity of Protests a. Who Determines Validity. The Secretary of the District shall determine the validity of all protests. b. Determining Validity. 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: 1) The protest does not identify a parcel currently receiving sewer service from the District or reasonably served by the District's recycled water pipelines; 2) The protest does not bear a signature of a record owner or tenant of the parcel identified on the protest; 3) The protest does not clearly state its opposition to the proposed charges; 4) The protest was not timely received; and 5) A valid request to withdraw a previously submitted protest is received before the close of the public hearing. C. No Appeal of Decision on Validity. The Secretary of the District's decision that a protest is not valid or does not apply to a specific fee or charge shall constitute final action of the District and shall not be subject to any administrative appeal. 7. Determination of Majority Protest 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. [Original retained by the Secretary of the District] August 6, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 86 of 95