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HomeMy WebLinkAbout05.a DeHerrera installment of payment approval5~a. CONTINUE PUBLIC HEARING FROM JUNE 3, JUNE 17, AND JULY 1, 2010 REGARDING COLLECTION OF DELINQUENT CHARGES FOR THE PROPERTY AT 1615 LAWRENCE ROAD, DANVILLE (APN 206-170-009) ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL SUGGESTED AGENDA August 5, 2010 Request Staff Report (No presentation is planned; staff is available for questions) II. Hearing (The Board conducted and closed the hearing on June 17, 2010.) III. Discussion IV. Recommended Actions: Continue the public hearing from June 3, June 17, and July 1, 2010, regarding collection of delinquent charges for the property at 1615 Lawrence Road, Danville (APN 206-170-009) on the Contra Costa County Property Tax Roll. If the property owners, Rick and Carina DeHerrera, have signed a Promissory Note and Memorandum of Agreement for installment payment of the delinquent charges: A. Approve the agreement for installment payment of the delinquent connection fees, charges, penalties and interest over two years; B. Adopt a resolution directing that the delinquent charges (including connection fees, other charges, penalties and interest) be collected on the 2010-11 and 2011-12 Contra Costa County Property Tax Rolls and authorizing staff to record the agreement and a Certificate of Unpaid Charges with the Contra Costa County Recorder pursuant to the provision of Sections 6520.10 and 6520.12 of the California Health and Safety Code. However, if the DeHerreras have not signed the payment plan documents by the August 5, 2010 regular meeting., staff recommends that the Board adopt a resolution directing that the total amount of the delinquent charges including precalculated interest at six percent (6%) per year ($14,799.64) be collected on the 2010-11 Contra Costa County Property Tax Roll. N:\ENVRSEC\Position Papers\Miyamoto-Mills\2010\Agenda for Hearing DeHerrera FINAL 08-05-2010 jm2.doc Central Contra Costa Sanitary District A. ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: AUgUSt 5, 2010 Type of Action: ADOPT RESOLUTION; APPROVE AGREEMENT subject: 1) CONTINUE PUBLIC HEARING FROM JUNE 3, JUNE 17, AND JULY 1, 2010; 2) APPROVE AN AGREEMENT WITH RICK AND CARINA DEHERRERA FOR INSTALLMENT PAYMENT OF DELINQUENT CHARGES FOR THE PROPERTY AT 1615 LAWRENCE ROAD, DANVILLE (APN 206-170-009) OVER TWO YEARS.; AND 3) ADOPT A RESOLUTION DIRECTING THAT THE DELINQUENT CHARGES BE COLLECTED ON THE 2010-11 AND 2011-12 CONTRA COSTA COUNTY PROPERTY TAX ROLLS, AND AUTHORIZING STAFF TO RECORD THE AGREEMENT AND A CERTIFICATE OF UNPAID CHARGES PURSUANT TO THE PROVISIONS OF SECTIONS 6520.10 AND 6520.12 OF THE CALIFORNIA HEALTH AND SAFETY CODE Submitted By: Initiating Dept./Div.: Jarred Miyamoto-Mills, Engineering /Environmental Services Provisional ESD Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: "Ir J. 'yamoto-Mills A. Farrell K. Alm a M. Kelly General Manager ISSUE: A resolution of the Board of Directors, passed by four affirmative votes, is required to place delinquent charges on the Contra Costa County Property Tax Roll as authorized in Section 6520.10 of the California Health and Safety Code. A resolution of the Board is required to record agreements and "Certificates of Unpaid Charges" as authorized in Section 6520.12 of the California Health and Safety Code. RECOMMENDATION: 1) Continue the public hearing from June 3, June 17, and July 1, 2010 regarding placement of delinquent charges for the property at 1615 Lawrence Road, Danville (APN 206-170-009) on the Contra Costa County Property Tax Roll; 2) Approve an agreement with Rick and Carina DeHerrera for installment payment of the delinquent connection fees, charges, penalties, and interest over two years; 3) Adopt a resolution directing that the delinquent charges (including connection fees, other charges, penalties and interest) be collected on the 2010-11 and 2011-12 Contra Costa County Property Tax Rolls and authorizing staff to record the agreement, and a Certificate of Unpaid Charges with the Contra Costa County Recorder. FINANCIAL IMPACTS: The proposed Certificate of Unpaid Charges and agreement will ensure collection of the delinquent connection fees, charges, penalties, and applicable interest, as well as recovery of the costs for preparation, recording, and administration of the agreement. N:\ENVRSEC\Position Papers\Miyamoto-Mills\2010\PP Deherrera Payment Plan FINAL 8-05-10.doc Page 1 of 3 POSITION PAPER Board Meeting Date: August 5, 2010 subject 1) CONTINUE PUBLIC HEARING FROM JUNE 3, JUNE 17, AND JULY 1, 2010; 2) APPROVE AN AGREEMENT WITH RICK AND CARINA DEHERRERA FOR INSTALLMENT PAYMENT OF DELINQUENT CHARGES FOR THE PROPERTY AT 1615 LAWRENCE ROAD, DANVILLE (APN 206-170-009) OVER TWO YEARS; AND 3) ADOPT A RESOLUTION DIRECTING THAT THE DELINQUENT CHARGES BE COLLECTED ON THE 2010-11 AND 2011-12 CONTRA COSTA COUNTY PROPERTY TAX ROLLS, AND AUTHORIZING STAFF TO RECORD THE AGREEMENT AND A CERTIFICATE OF UNPAID CHARGES PURSUANT TO THE PROVISIONS OF SECTIONS 6520.10 AND 6520.12 OF THE CALIFORNIA HEALTH AND SAFETY CODE ALTERNATIVES/CONSIDERATIONS: The Board of Directors could decline to approve the agreement for installment payments. In that case, the Board of Directors could place the total amount of the delinquent fees, charges, penalties, and interest on the 2010-11 tax roll without a separate agreement or could direct staff to modify the proposed agreement or to use other means to pursue collection. In any case, a Certificate of Unpaid Charges should be recorded on the property to establish a lien on the DeHerreras property in the County. BACKGROUND: The property, 1615 Lawrence Road in Danville, was connected to the sanitary sewer without payment of application, inspection, capacity, and reimbursement fees or annexation and sewer service charges. In November of 2003, one of the property owners, Rick DeHerrera signed a "Special Approval for Lateral Extension," by which he agreed to obtain a District connection permit and pay applicable fees and charges prior to connecting the new home to the District's public sewer. The permit was never obtained and the fees and charges have not been paid; however, the Town of Danville issued a Certificate of Occupancy for the home in April of 2006. During a check of unissued permits in October 2009, staff discovered that the connection had not been inspected and the fees had not been paid. Staff has diligently pursued collection of the unpaid fees and charges over the past eight months. Mr. DeHerrera appeared before the Board at its June 17, 2010 regular meeting, and requested that he be allowed to pay the delinquent amount by making installment payments. The Board continued the public hearing on this matter to July 1, 2010, and directed staff to draft an agreement with the DeHerreras that would provide for the collection of the delinquent fees, charges, penalties, and applicable interest, as well as the recovery of costs for preparation, recording, and administration of the agreement, by placement of equal installments on the tax roll over the next two years. Staff has prepared the agreement and has also prepared the resolution required for placement of equal installments of the delinquent amounts on the 2010-11 and 2011-12 property tax rolls. It is anticipated that the DeHerreras will sign the agreement and promissory note prior to the August 5th Board meeting; however, if this does not occur, staff recommends that the entire delinquent amount be placed on the 2010-11 property tax roll.. A separate resolution has been prepared to implement this recommendation, if needed. N:\ENVRSEC\Position Papers\Miyamoto-Mills\2010\PP Deherrera Payment Plan FINAL 8-05-10.doc Page 2 of 3 POSITION PAPER Board Meeting Date: August 5, 2010 subject 1) CONTINUE PUBLIC HEARING FROM JUNE 3, JUNE 17, AND JULY 1, 2010; 2) APPROVE AN AGREEMENT WITH RICK AND CARINA DEHERRERA FOR INSTALLMENT PAYMENT OF DELINQUENT CHARGES FOR THE PROPERTY AT 1615 LAWRENCE ROAD, DANVILLE (APN 206-170-009) OVER TWO YEARS; AND 3) ADOPT A RESOLUTION DIRECTING THAT THE DELINQUENT CHARGES BE COLLECTED ON THE 2010-11 AND 2011-12 CONTRA COSTA COUNTY PROPERTY TAX ROLLS, AND AUTHORIZING STAFF TO RECORD THE AGREEMENT AND A CERTIFICATE OF UNPAID CHARGES PURSUANT TO THE PROVISIONS OF SECTIONS 6520.10 AND 6520.12 OF THE CALIFORNIA HEALTH AND SAFETY CODE RECOMMENDED BOARD ACTION: 1) Continue the public hearing from June 3, June 17, and July 1, 2010, regarding placement of delinquent charges for the property. at 1615 Lawrence Road, Danville (APN 206-170-009) on the Contra Costa County Property Tax Roll; 2) Approve an agreement with Rick and Carina DeHerrera for installment payment of the delinquent connection fees, charges, penalties, and interest over two years; 3) Adopt a resolution directing that the delinquent charges (including connection fees, other charges, penalties, and interest) be collected on the 2010-11 and 2011-12 Contra Costa County Property Tax Rolls and authorizing staff to record the agreement and a Certificate of Unpaid Charges with the Contra Costa County Recorder pursuant to the provision of Sections 6520.10 and 6520.12 of the California Health and Safety Code. However, if the DeHerreras have not signed the payment plan documents by the August 5, 2010 regular meeting, staff recommends that the Board adopt a resolution directing that the total amount of the delinquent charges including pre-calculated interest at six percent (6%) per year ($14,799.64) be collected on the 2010-11 Contra Costa County Property Tax Roll. N:\ENVRSEC\Position Papers\Miyamoto-Mills\2010\PP Deherrera Payment Plan FINAL 8-05-10.doc Page 3 of 3 Recording Requested by and when Recorded, return to: CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 Imhoff Place Martinez, CA 94553 Attn: Environmental Services Division Manager EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) APN 206-170-009 CERTIFICATE OF UNPAID CHARGES (NOTICE OF DELINQUENT CHARGES DUE) This Certificate of Unpaid Charges, dated August 5, 2010, shall secure the amount of the Delinquent Charges (including connection fees, charges, penalties and interest) owed to the Central Contra Costa Sanitary District by Rick L. DeHerrera, Sr. and Carina M. DeHerrera (aka: Rick DeHerrera and Carina DeHerrera) for connection of the property generally known as of the date of this instrument as 1615 Lawrence Road, Danville, CA 94506 (APN 206-170-009) to the District's public sewer, as cited in Exhibit A, attached hereto and by this reference made a part hereof, as a lien upon all real property in the Contra Costa County owned by Rick L. DeHerrera, Sr., Rick DeHerrera, Carina M. DeHerrera or Carina DeHerrera or both of them together on the date hereof, and before the lien expires, acquired by him or her, as authorized by Section 6520.12 of the California Health and Safety Code. Michael R. McGill President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm Counsel for the District EXHIBIT A DELINQUENT CHARGES CUSTOMER NAME PROPERTY ADDRESS DELINQUENT CHARGES Fourteen Thousand Three Hundred Forty-three and 93/100 Dollars 1615 Lawrence Road, ($14,343.93) delinquent Application, Rick and Carina Danville Inspection, Capacity and Reimbursement DeHerrera APN 206-170-009 Fees, Annexation, Delin uenc and q y Sewer Service Charges, penalties and interest. TOTAL DELINQUENT CHARGES: $14,343.93* (as of August 5, 2010) * Subject to interest at six-percent per year, compounded monthly until paid. ~m l~ RESOLUTION NO. 2010 - A RESOLUTION DIRECTING THAT DELINQUENT CHARGES BE COLLECTED ON THE 2010-11 AND 2011-12 CONTRA COSTA COUNTY PROPERTYTAX ROLLS WHEREAS, the home on the property at 1615 Lawrence Road in the town of Danville (APN 206-170-009) was connected to the Central Contra Costa Sanitary District (District) public sewer without payment of applicable connection fees and charges when due; and WHEREAS, when said connection fees and charges became delinquent, the District assessed delinquency charges, and since that time. have assessed penalties pursuant to the provisions of District Code Section 1.08.080; and WHEREAS, District staff has diligently pursued collection of said delinquent fees, charges, penalties and applicable interest (Delinquent Charges) since discovery, and to the date hereof (August 5, 2010), the Delinquent Charges have been delinquent for more than 60 days and remain unpaid; and WHEREAS, the District may elect to collect delinquent charges on the tax roll as authorized by Section 6520.10 of the California Health and Safety Code; and WHEREAS, the District may elect to secure the Delinquent Charges by recording a Certificate of Unpaid Charges in the office of the Contra Cost County Recorder as authorized by Section 6520.12 of the California Health and Safety Code; and WHEREAS, the District considers it to be economical and efficient to collect the Delinquent Charges on the Contra Costa County Property Tax Roll, and prudent to record a Certificate of Unpaid Charges to secure the amount of the Delinquent Charges; WHEREAS, the owners of the property subject to the Delinquent Charges have requested that the District allow installment payment of the Delinquent Charges and have entered into an agreement with the District regarding such installment payments, the agreement having been memorialized in a recordable Memorandum of Agreement (MOA). NOW, THEREFORE, be it resolved by the Board of Directors of the CCCSD: 1) THAT the Delinquent Charges in the amounts listed in Exhibit "A", attached hereto and by this reference made a part hereof, shall be collected on the 2010-11 and 2011-12 Contra Costa County Tax Rolls; and 2) THAT the President of the Board of Directors and the Secretary of the District are directed to execute a Certificate of Unpaid Charges to secure the amount of the Delinquent Charges; and 3) THAT the General Manager or his designee is authorized to execute the MOA and Release of Agreement on behalf of the District; and Resolution No. 2010- A Resolution Directing that Delinquent Charges be collected on the 2010-11 and 2011-12 Contra Cost County Property Tax Rolls Page 2 of 2 4) THAT District staff is directed to record the MOA and the Certificate of Unpaid Charges in the office of the Contra Costa County Recorder. Passed and adopted this 5th day of August, 2010 by the CCCSD Board of Directors by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm Counsel for the District EXHIBIT A DELINQUENT CHARGES For collection on the 2010-11 Contra Costa County Property Tax Roll: CUSTOMER NAME .PROPERTY ADDRESS DELINQUENT CHARGES $7,620.02 delinquent Application, Rick and Carina 1615 Lawrence Road, Inspection, Capacity and Reimbursement DeHerrera Danville Fees, Annexation, Delinquency and APN 206-170-009 Sewer Service Charges, penalties and interest. TOTAL DELINQUENT CHARGES: $7,620.02 For collection on the 2011-12 Contra Costa County Property Tax Roll: CUSTOMER NAME PROPERTY ADDRESS DELINQUENT CHARGES $7,620.02 delinquent Application, Rick and Carina 1615 Lawrence Road, Inspection, Capacity and Reimbursement DeHerrera Danville Fees, Annexation, Delinquency and APN 206-170-009 Sewer Service Charges, penalties and interest. TOTAL DELINQUENT CHARGES: $7,620.02 N:\ENVRSEC\Position PapersUVliyamoto-Mills\2010\2010-11 Exhibit A Delinquent DeHerrera Cont to 8-5-10.doc ~~~~ RESOLUTION NO. 2010 - A RESOLUTION DIRECTING THAT DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL WHEREAS, certain properties have been connected to the sanitary sewer without payment of appropriate facility capacity fees and other fees due; and WHEREAS, the CCCSD Code provides that CCCSD may elect to collect delinquent charges on the tax roll as provided by Section 5470 and following, of the California Health and Safety Code; and WHEREAS, it is considered economical and efficient to collect delinquent charges on the Contra Costa County tax roll; NOW, THEREFORE, be it resolved by the Board of Directors of the CCCSD that delinquent charges as listed in Exhibit "A" attached hereto and by this reference made a part hereof, are to be collected on the Contra Costa County Tax Roll. Passed and adopted this 5th day of August, 2010 by the CCCSD Board of Directors by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm Counsel for the District EXHIBIT A DELINQUENT CHARGES For collection on the 2010-11 Contra Costa County Property Tax Roll: CUSTOMER NAME PROPERTY ADDRESS DELINQUENT CHARGES $14,799.64 delinquent Application, Rick and Carina 1615 Lawrence Road, Inspection, Capacity and Reimbursement DeHerrera Danville Fees, Annexation, Delinquency and APN 206-170-009 Sewer Service Charges, penalties and interest. TOTAL DELINQUENT CHARGES: $14,799.64 N:\ENVRSEC\Position PapersWliyamoto-Mills\2010\2010-11 Exhibit A Delinquent DeHerrera RECOMM. 2 for 8-5-10.doc