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HomeMy WebLinkAbout09. Adopt proposed revisions to BP 011 - Policy for the Submission and Tabulation of Prop 218 Notice Protests Page 1 of 12 Item 9. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: SEPTEMBER 5, 2019 SUBJECT: APPROVE PROPOSED REVISIONS TO BOARD POLICY NO. BP 011 — POLICYFOR THE SUBMISSIONAND 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 Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Revisions to Board policies must be approved by the Board of Directors. BACKGROUND Board Policy No. BP 011 - Policy forthe 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. September 5, 2019 Regular Board Meeting Agenda Packet- Page 124 of 201 Page 2 of 12 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. The Administration Committee reviewed these proposed changes at the August 6, 2019 meeting and suggested that the policy be more clear with regard to verbal protests. Staff returned to the Committee on August 20 with the requested changes and the Committee recommended Board approval. Attachment 1 is the current policy. Attachment 2 shows in strikeout all proposed changes. Attachment 3 shows, for illustrative purposes and easier review, all proposed changes as accepted. ALTERNATIVES/CONSIDERATIONS The Board could choose not to make the proposed changes or could propose different or additional changes. FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION This item was reviewed by the Administration Committee at its meeting held August 6, when the Committee requested additional clarifying wording with regard to verbal protests. Those changes were reviewed by the Committee on August 20. After reviewing all proposed changes at the August 20 meeting, the Committee recommended Board approval. RECOMMENDED BOARD ACTION Approve proposed revisions to Board Policy No. BP 011 - Policy for the Submission and Tabulation of Proposition 218 Notice Protests, effective immediately. Strategic Plan re-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 (current policy) 2. BP 011 (strikeout) 3. BP 011 (with proposed changes accepted) September 5, 2019 Regular Board Meeting Agenda Packet- Page 125 of 201 Page 3 of 12 Central Contra Costa Number: BP 011 ATTACHMENT 1 Sanitary District Authority: Board of Directors Effective: March 17, 2011 Revised: June 1, 2017 =- 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 or as 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 or e-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 September 5, 2019 Regular Board Meeting Agenda Packet- Page 126 of 201 Page 4 of 12 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. 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; f. The protest was altered by one other than the owner or tenant who signed it. September 5, 2019 Regular Board Meeting Agenda Packet- Page 127 of 201 Page 5 of 12 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 3 of 3 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. September 5, 2019 Regular Board Meeting Agenda Packet- Page 128 of 201 Page 6 of 12 Number: BP 011 ATTACHMENT 2 Authority: Board of Directors Effective: March 17, 2011 Revised: jURe 6/17/17, 9/5/19 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. Submittal ref �•tc• 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 may submit a WFItton PFGtoct tE) the SeGretapi efcurrently receiving sewer service from the GtCentral San or reasonably served by the Central San's's recycled water pipelines may lodge a protest. WRITTEN PROTESTS Requirements for Validity.the affected paFG'� 2.— To be valid, a written protest muster: 1. Identify a parcel by either Assessor's Parcel Number or street address that currently receives sewer services from Central San or is reasonably served by Central San's recycled water pipelines; September 5, 2019 Regular Board Meeting Agenda Packet- Page 129 of 201 Page 7 of 12 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 2 of 4 2. 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. Ea^h protest must identify the affeGted property by Assessor's ParGel Number or street ; 3 Pretests may be del iveredClearly state its opposition to the proposed fees or charges; 4. Be timely received; and 5. Not have been withdrawn before close of the public hearing. Delivery to Central San. Written protests should be directed to the Secretary of the District or submitted at the publiG heaFiRg. Protestsandmay be delivered by any of the following methods and timing: 1 personal delivery r mail. Glen+renin nnnies of signed written protests Methods of Deliver : a. U.S. Postal Service b. Email (PDF signatures will atse-be accepted by fax or as a PDF if attached to an email) C. Fax d. Overnight mail service, or e-mom. Personal delivery. Preferably, mailed or personally delivered protests will note on the envelope, "Sewer Service Charge Protest" or "Recycled Water Fee Protest." Protests submitted by mail, by fax or e man! must be PeG80ved pFier to the start of the n,iblin hearing,ng• pe.nerse.senally delivered written " as applicable. 2. Timinq of Delivery. Written protests must be received by the endSecretary of the District: a. Before the start of the public hearing b. At the public hearing—, or C. By close of the public hearing. No postmarks will be accepted. Confidentiality— Disclosure of Written Protests 1 NE) elen+renin means Of nemmuninatien will he annepteid as Prior to Public Hearing. Upon the request of a valid 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. 2 unlit Public Hearing. Written protests will be made available to the Board Members at the noticed public hearing and will be treated as public records. September 5, 2019 Regular Board Meeting Agenda Packet- Page 130 of 201 Page 8 of 12 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 3 of 4 VERBAL PROTESTS Requirements for Validity. To be valid and included in the final protest tabulation, a verbal protest must: 1. Be made during the public hearing by a record owner or tenant of a parcel that currently receives sewer services from Central San or is f illy nmmpliant with the signature and informati„nalreasonably served by Central San's recycled water pipelines; and 2. Clearly state its opposition to the proposed fees or charges. PROVISIONS COMMON TO BOTH WRITTEN AND VERBAL PROTESTS Determination of Validity 1. Who Determines Validity. The Secretary of the District shall determine the validity of all written and verbal protests. 2. Determininq Validity. The Secretary of the District shall not accept as valid any written or verbal protest if the Secretary of the District determines that any requirements set forth hereinfor validity have not been met. 3. No Appeal of Decision on Validity. The Secretary of the District's decision that a written or verbal protest is not valid shall constitute final action of the Central San and shall not be subject to any administrative appeal. One Protest Per Parcel 1. Protests from Both Property Owner and Tenant. Only one protest will be counted per parcel. If a signed writt protest is received from both the property owner and tenant, only onethe property owner's protest will be counted. 2. Protests from Multiple Owners of Single Parcel. If a parcel served by the Dic+rin+ 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. Withdrawal of Protests 1. Written Request to Secretary of the District. Any person who submits a written 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. September 5, 2019 Regular Board Meeting Agenda Packet- Page 131 of 201 Page 9 of 12 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 4of4 Property Owner Withdrawal of Tenant's Protes A property owner may ase withdraw athe written or verb;— 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 welGomes input from the Gommunity at aRY tome, 'nG!YdffiRg during the publiG heariRg on the proposed Gharges, but only written protests GonsisteRt With this polinY will he noUnted as formol protests -1 Determination of I Ipop the rens ins+ a property owner, the Qenre+ary of+he DistriGt will diSGlose the receipt of a protest by a tenant for a parFiGUlar Property prior to the public hearino Tobyla+ion of Protests Majority Protest: i The SeGFetary of the Dostr.Gt shall determine the validity of all protests. CeGretary of the Distrint shall not annept as valid any protest if the CeGretary of the Distrint determines that an i of the follo\n ORg nonditions exist: f��riio��mQQlIiit��hQQe DistriGt or reasonably served by the DistriGt's w ren�inler! ater pipe h The protest does not h signature of a re rd owner or tenant of the ��ric�rvc�.rc�rrv�v reGerd T parnel ideptified on the protest , G. The protest Anes not nlearly state its nnnnsitinn to the proposed Gharnes• , d Theprotestwas not timely reGeyeiJ�rto � pi p�yq,or carr, c�.s� v�cn-rr" J "`^ 9 " presented to the CeGretary of the Distrint before the dose of the publin hearing OR the fee innrea se• , e D valid request to withdrasly submitted protest is received prior to the nlose of the publinc. hearing OR the proposed nharoe• , f TheprotestWas alterer! hDY one other thaR t Tthan the owner or tenant whn signed it, 7 The Cesretarni of the Distrint's `•lenisien that a pretest is net valid er does net apply to a SperirimiG Gh -. all nnnstit�ite a final as+ion of the Distrint and shall urrcvrrJcrc�cc-a�rrrar-accrvrrvrcrr��rJcrr�.c-cma��cm net he s,shiest to an i adMinistratiye appeal 3A majority protest exists if written and verb, protests are timely submitted and not withdrawn by the record owners or tenants of a majority of the parcels subject to the proposed fee of charge. [Original retained by the Secretary of the District] September 5, 2019 Regular Board Meeting Agenda Packet- Page 132 of 201 Page 10 of 12 Number: BP 011 ATTACHMENT 3 Authority: Board of Directors Effective: March 17, 2011 _ Revised: 6/1/17, 9/5/19 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 Central San or reasonably served by Central San's recycled water pipelines may lodge a protest. WRITTEN PROTESTS Requirements for Validity. To be valid, a written protest must: 1. Identify a parcel by either Assessor's Parcel Number or street address that currently receives sewer services from Central San or is reasonably served by Central San's recycled water pipelines; 2. 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; 3. Clearly state its opposition to the proposed fees or charges; 4. Be timely received; and 5. Not have been withdrawn before close of the public hearing. September 5, 2019 Regular Board Meeting Agenda Packet- Page 133 of 201 Page 11 of 12 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 2 of 3 Delivery to Central San. Written protests should be directed to the Secretary of the District and may be delivered by any of the following methods and timing: 1. Methods of Delivery: a. U.S. Postal Service b. Email (PDF signatures will be accepted if attached to an email) C. Fax d. Overnight mail service, or e. Personal delivery. Preferably, mailed or personally delivered protests will note on the envelope, "Sewer Service Charge Protest" or "Recycled Water Fee Protest," as applicable. 2. Timing of Delivery. Written protests must be received by the Secretary of the District: a. Before the start of the public hearing b. At the public hearing, or C. By close of the public hearing. No postmarks will be accepted. Confidentiality— Disclosure of Written Protests. Written protests will be disclosed as follows: 1. Prior to Public Hearing. Upon the request of a property owner, the Secretary of the District will disclose the receipt of a written protest by a tenant for a particular property before the public hearing. 2. At Public Hearing. Written protests will be made available to the Board Members at the noticed public hearing and will be treated as public records. VERBAL PROTESTS Requirements for Validity. To be valid and included in the final protest tabulation, a verbal protest must: 1. Be made during the public hearing by a record owner or tenant of a parcel that currently receives sewer services from Central San or is reasonably served by Central San's recycled water pipelines; and 2. Clearly state its opposition to the proposed fees or charges. September 5, 2019 Regular Board Meeting Agenda Packet- Page 134 of 201 Page 12 of 12 Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 3 of 3 PROVISIONS COMMON TO BOTH WRITTEN AND VERBAL PROTESTS Determination of Validity 1. Determining Validity. The Secretary of the District shall determine the validity of all written and verbal protests and shall not accept as valid any written or verbal protest if the Secretary of the District determines that any requirements for validity have not been met. 2. No Appeal of Decision on Validity. The Secretary of the District's decision that a written or verbal protest is not valid shall constitute a final action of Central San and shall not be subject to any administrative appeal. One Protest Per Parcel 1. Protests from Both Property Owner and Tenant. Only one protest will be counted per parcel. If a protest is received from both the property owner and tenant, only the property owner's protest will be counted. 2. 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. Withdrawal of Protests 1. Written Request to Secretary of the District. Any person who submits a written 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. 2. Property Owner Withdrawal of Tenant's Protest. A property owner may withdraw the written or verbal 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. Determination of Majority Protest: A majority protest exists if written and verbal protests are timely submitted and not withdrawn by the record owners or tenants of a majority of the parcels subject to the proposed fee or charge. [Original retained by the Secretary of the District] September 5, 2019 Regular Board Meeting Agenda Packet- Page 135 of 201