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HomeMy WebLinkAbout05. Approve revisions to Board Policy No. BP 011 Page 1 of 5 Item 5. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETINGDATE: AUGUST5, 2021 SUBJECT: APPROVE REVISIONS TO BOARD POLICY BP 011- POLICYFOR THE SUBMISSION AND TABULATION OF PROPOSITION 218 NOTICE PROTESTS SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Changes to Board policies require Board approval. The Board is asked to consider acceptance of minor updates that would amend the referenced Board Policy. BACKGROUND Staff brought before the Administration Committee the aforementioned Board policy for a biennial review. The Administration Committee recommended minor revisions to the policy. When revisions are recommended, the Board Policy is brought before the full Board for consideration, which is hereby attached and shown in a strikeout version. ALTERNATIVES/CONSIDERATIONS The Board could choose not to adopt the proposed revisions or provide other direction to staff. August 5, 2021 Regular Board Meeting Agenda Packet- Page 54 of 262 Page 2 of 5 FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION The Administration Committee recommended the proposed changes at its meeting on July 6, 2021 for Board approval. RECOMMENDED BOARD ACTION Approve the proposed revisions to Board Policy BP 011 - Policy for the Submission and Tabulation of Proposition 218 Notice Protests. Strategic Plan re-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service, Strategy 2—Maintain a positive reputation GOAL TWO: Environmental Stewardship Strategy 1—Achieve 100% compliance in all regulations GOAL THREE: Fiscal Responsibility Strategy 2—Ensure integrity and transparency in financial management ATTACHMENTS: 1. Proposed Revisions to BP 011 August 5, 2021 Regular Board Meeting Agenda Packet- Page 55 of 262 Page 3 of 5 Number: BP 011 Authority: Board of Directors Effective: March 17, 2011 Revised: 6/1/17, 9/5/19, 8/5/21 Reviewed: 7/6/21 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 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. August 5, 2021 Regular Board Meeting Agenda Packet- Page 56 of 262 Page 4 of 5 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. August 5, 2021 Regular Board Meeting Agenda Packet- Page 57 of 262 Page 5 of 5 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 based on the established rules 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. The Secretary of the District shall provide a report to the Board on the number of invalidated protests. 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] August 5, 2021 Regular Board Meeting Agenda Packet- Page 58 of 262