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Home My WebLink About04.c.2. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLLCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 3, 210 No.: 4. c,. (2) Public tlearings Type of Action: CONDUCT PUBLIC HEARING; ADOPT RESOLUTION Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL Submitted By: Initiating Dept./Div.: Kurt Darner, Development Services Engineering/Environmental Services Supervisor REVIEWED AND RECOMMENDED FOR BOARD ACTION: w~ a er A. Farrell K~~-~ James .Kelly, General anager ISSUE: A resolution of the Board of Directors passed by four affirmative votes is needed to place charges on the Contra Costa County tax roll. RECOMMENDATION: Adopt a resolution directing that delinquent charges be collected on the Contra Costa County tax roll. FINANCIAL IMPACTS: This action will provide for collection of approximately $20,674.82 in unpaid capacity and other fees from properties that connected to the sanitary sewer without payment of fees. Placing the delinquent charges on the property tax roll for collection will ensure that the District collects the charges. ALTERNATIVES/CONSIDERATIONS: The Board could decline to place the delinquent charges on the property tax roll. This would result in further staff efforts to collect the charges by other means. BACKGROUND: Two properties for which capacity fees and other fees and charges are delinquent are referenced in Exhibit A attached. The first property, 1615 Lawrence Road in Danville, was connected to the sanitary sewer without payment of capacity fees, reimbursement fees, annexation charges, and sewer service charges. In November of 2003, the property owner signed a Special Approval for Lateral Extension agreeing to pay the fees upon connection to the sanitary sewer. The Tovvn of Danville signed off on the building permit in April of 2006. Staff has sent letters to the property owner and followed up with telephone conversations, but these efforts have not resulted in collection of the fees and charges. N:\ENVRSEC\Position Papers\Millier\2010\PP-HoldHearingRe delingchrgs FINAL 63-10_1.doc Page 1 of 2 POSITION PAPER Board Meeting Date: subject. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL The second property is located at 2394 Saddleback Drive in Danville. After Board approval of the Fee Deferral Program, and prior to development of the recordable documents needed to implement the program, the property owners signed a Special Approval agreeing to execute the promissory note and agreement required for participation in the program. Staff sent the required documents to the property owners and has followed up on several occasions, but the documents have not been received and there has been no communication from the property owners. Staff recommends that the delinquent fees and charges, including a 10% delinquency charge and interest accrued through June 3, 2010 at 1 Yz percent per month, as provided in District Code, be collected by placing these amounts on each property owner's tax bill. A resolution of the Board is needed to place delinquent charges on the Contra Costa County tax roll. RECOMMENDED BOARD ACTION: Adopt a resolution directing that delinquent charges be collected on the Contra Costa County tax roll. N:\ENVRSEC\POSition Papers\Millier\2010\PP-HoldHearingRe delingchrgs FINAL 63-10_1.doc Page 2 of 2 EXHIBIT A DELINQUENT CHARGES CUSTOMER PROPERTY ADDRESS DELINQUENT CHARGE NAME $14,205.82 for delinquent Application Fees, Rick and Carina 1615 Lawrence Road Danville Annexation Charges, Reimbursement Fees, Deherrera , APN 206-170-009 Sewer Service Charges, and Capacity Fees, including delinquency charge and interest throw h June 3, 2010 2394 Saddleback Drive $6,469.00 for delinquent Annexation Shawn and , Danville Charges, Sewer Service Charges, and Maria Gallegos APN 215-160-008 Capacity Fees, including delinquency charge and interest through June 3, 2010 TOTAL DELINQUENT CHARGES: $20,674.82 N:\ENVRSEC\Position Papers\Millier\2010\2010-11 Exhibit A Delinquent Chgs FINAL 6-3-10 Mtg.dx 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 oh the Contra Costa County Tax Roll. Passed and adopted this 3`d day of June, 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 CUSTOMER PROPERTY ADDRESS DELINQUENT CHARGE NAME $14,205.82 for delinquent Application Fees, Rick and Carina Danville 1615 Lawrence Road Annexation Charges, Reimbursement Fees, , Sewer Service Charges, and Capacity Fees, Deherrera APN 206-170-009 including delinquency charge and interest throu h June 3, 2010 2394 Saddleback Drive $6,469.00 for delinquent Annexation Shawn and , Danville Charges, Sewer Service Charges, and Maria Gallegos APN 215-160-008 Capacity Fees, including delinquency charge and interest through June 3, 2010 TOTAL DELINQUENT CHARGES: $20,674.82 N:\ENVRSEC\Position Papers\Milliert2010\2010-11 Exhibit A Delinquent Chgs FINAL 63-10 Mtg.doc Jul,. 1. 2010 4:)2PM GagenMcCoy , ~. William R. Gegcq Jr. Grogory L McCoy Petrick ]. McMahon Charles A. Koss M4hael J. Mxkowira Richard C. Raines FJarbare I1ava1 Jewell RoMal M. Fanucci Allan C. Moore 8aryhenT. Duehl Amendo Rcvins Mersin LSaons Laycn R. Dadgc Sarah S. Nie Rees PyrGk B,ian P. Mulry Ammada &ck OfCOwsel Linn K. Coombs Via )Facsimile 925-676-7211 Elaine Boehme Secretary of Board of Directors . Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, GA 94553 G°~C~C~~~ML~D JUN 012010 CCCSD SECRETARY OF THE DISTRICT Tune 1, 201D Re: CCCSD Connection Fees 1615 Lawrence Road, Danville, CA CCCSD Application No. 03-1761, APN #206-170-009, Job No. 5633 bear Ms. Boehme; Uauvllle OfnCO 279 Front Se~eet P.O. Boa 218 Danville, Cnlifomia 94526-0218 '1'cleplaonc: (925) 837-0585 tax: (925) 838-5965 Napa Volley Ofacc The Offices At Sonlhbridgc 1030 Mnin Shecl, Saai[e 212 SL Ilclena, Cfllifonufl 94574 'I'olephonc: (707) 967-0909 tax: (707)967-5527 please Reply To: Uanvllle Our offices represent Rick DeHerrera, the owner of the above-referenced property on Lawrence Road in Danville. We have received your "Notice of Public Hearing" for the Board of Dfrectors Meeting at 2;00 p.m. on Thursday, June 3, 2010. TJnfof•tunately, Mr, Dellereera has been called out of town on business and will be unable to attend this meeting. As a result, we are asking the Board for atwo-week continuance, so that this matter can be heard on June 17, 2010. We apologize for any inconvenience that this may have caused the District Board and staff, If you have any questions or problems with this continuance, please Feel free to call The Law Ofaces of Gager, McCoy, McMahon, Koss Markowitz & Raines A Professional Cm~poratlon F:~CLM5L1508851Lmto Hlaino Hoehno.doc iun. 1. 1~1'Il 4 ;1-'v, ~ ti~ , ;y~ F. ,' EIaine Boehrne Yune 1, 2010 page 2 me at any time. Mr. L7eHerrera and I look forward to working with the Board to resolve this matter swiftly. Sincerely, Martin E, Lysons MEL;mam cc; Earline Millier (By Facsimile) Rick DeHerrera (By Facsimile) C:'1:(..f~1LLl5U3d5U-~r to Ei~u~a Duzlu~c.duc Agenda Item 6.a.1) Board Meeting of June 3, 2010 Written Announcements: Conferences/Events/Meetings a) Staff Attendance at National North American Hazardous Materials Management Association Conference on Household and Small Business Waste Senior Household Hazardous Waste Technician Winston Ingram will be attending the National North American Hazardous Materials Management Association Conference on Household and Small Business Waste in St. Pete Beach, Florida on July 26-30, 2010. Mr: Ingram will gather information regarding improving program efficiency, updating collection and waste management strategies, and professional development. This training is in the staff proposed FY 2010-2011 Environmental Services Division technical training and conferences O&M budget. b) Martinez Sewer Renovation. Phase 3 Public Workshop The District hosted a public workshop on Thursday, May 27 from 7:00 to 8:00 pm. at the Martinez City Council meeting room. There were approximately 25 attendees representing at least 12 properties. Topics discussed were: expected construction impacts, paving and property restoration, and lateral replacement. c) LAFCO Protest Hearing regarding DA 1736 (Danville) Some property owners on Cordell Drive in Danville formally objected to District Annexation 1736 when it was considered by Contra Costa LAFCO on April 21, 2010. The Commission approved the annexation subject to a Protest Hearing. Lou Ann Texeira, LAFCO Executive Director, conducted the Protest Hearing on May 26, 2010. The purpose of the hearing was to tabulate the number of formal protests that had been received. About four percent (4%) of the property owners filed protests, less than the twenty- five percent (25%) needed to call an election. LAFCO staff will now complete the process for DA 1736 (Danville). d) Communitv Meeting regarding DA 178 (Martinez) On May 26, 2010, staff conducted an informational community meeting for owners of property affected by proposed District Annexation 178 (Martinez), and owners of properties within 300 feet of affected properties. Over the week prior to the meeting, several property owners called staff members with inquiries about the annexation proposal, and six property owners attended the meeting. Staff discussed the annexation, main sewer extension and connection processes, and the immediate and ongoing cost consequences of annexation in a presentation to those present, and responded to several questions. e) Communitv Meeting/Public Hearing regardinq the Joint CCCSD/Mountain View Sanitary District Boundary Change Application (CCCSD Reorganization 181) At its regular meeting on Wednesday, June 10, 2010 at 6:30 pm, the Mountain View Sanitary District (MVSD) will conduct a public hearing/community meeting to consider the proposed joint CCCSD/MVSD boundary change application to LAFCO (CCCSD Reorganization 181 - MVSD Reorganization 2010-01 ). CCCSD staff will attend the.meeting, present a portion of the staff report and answer questions from the MVSD Board and members of the public. These proposed changes were either developed by MVSD, CCCSD, and LAFCO staff or were identified by LAFCO in its most recent Municipal Service Review. The District Board adopted a Resolution of Application to initiate this LAFCO boundary reorganization of CCCSD's Sphere of Influence at its regular meeting of March 18, 2010. Updates f) Execute contract with CDM for Electrical Switchgear Assessment and Evaluation Treatment Plant Electrical Switchgear installed in the late 70's are reaching the end of their useful life. Electrical Switchgear is a combination of breakers, switches and trip units that are used to protect equipment by interrupting power when a fault is detected. The switchgear needs to be assessed and evaluated to determine when and how the switchgear should be replaced or refurbished to ensure reliable operation of the District's wastewater treatment plant. Because this effort requires specialized knowledge that District staff does not have, a consultant is needed to conduct the assessment. The consultant cost for this project is expected to exceed $100,000 depending on the findings of this initial phase of the work; because of this the District's formal selection process for consultant's contracts greater than $100,000 was followed. Requests for proposals were sent to five companies, and four proposals were received. The top two were interviewed and Camp Dresser & McKee (CDM) was selected for assessment and evaluation of the work. The District will be executing a contract with Camp Dresser & McKee (CDM) in the amount of $42,000 for the assessment and evaluation of electrical switchgear at the plant using staff authority. Based on this evaluation, additional work is expected and Board authorization required. General Information/Updates g) 2010 Annual Recycled Water Rate Increase Recycled water rates will be increasing 3% on July 1, in accordance with CCCSD's Recycled Water Ordinance (Title 6). This is an automatic annual increase that was built into the ordinance, so no Board action is needed to implement the rate increase. This increase is consistent with the annual increase in water rates by the Contra Costa Water District (CCWD), and our rates remain at about 80% of the water district's rates. A comparison of new and existing recycled water rates with CCWD water rates: Potable Water Customers Canal (Raw) Water Customers Existing Recycled $2 83 per 1,000 gallons $1.35 per 1,000 gallons Water Rates ($923 per acre-foot) ($439 per acre-foot) Existing CCWD $3.66 per 1,000 gallons $1.65 per 1,000 gallons Rates ($1,190 per acre-foot) ($538 per acre-foot) New Recycled $2.91 per 1,000 gallons $1.39 per 1,000 gallons Water Rates ($951 per acre-foot) ($452 per acre-foot) Staff will be mailing out letters to our recycled water customers in early June announcing the increase and giving the new rates. h) Incinerator Regulations Update The EPA is in the process of evaluating whether to designate sewage sludge that is incinerated in multiple hearth furnaces (MHF) as a solid waste and concurrently is developing emissions limits for these furnaces. A solid waste designation would mean that the District's MHFs would be regulated under Section 129 of the Clean Air Act. Depending on the limits set for the ten constituents regulated under Section 129, the District could incur significant additional capital and operational costs to meet some of these limits. EPA currently plans to publish the new requirements as early as mid-July. EPA's goal is to have the new limits/determination in effect by December 15, 2010. If sludge is needed to be a solid waste, the District would have approximately 2 years to obtain an Authority to construct any emissions improvements needed to meet the new standards. District staff is working with the National Association of Clean Water Agencies (NACWA) and the Water Environment Federation in an effort to convince EPA not to designate sewage sludge incinerated in MHFs as a solid waste. Concurrently NACWA is working with the EPA to set achievable MACT Standards in case EPA continues on its current path. Staff will keep the Board apprised of future development regarding this issue. i) Grand Jury Letter to District Staff has forwarded under separate cover to the full Board a letter to the President of the Board from the Contra Costa County Civil Grand Jury. Staff plans to develop a draft response, with input from District Council, and. then seek guidance from the Human Resources Committee and full Board. After receiving guidance, a proposed final response will be prepared for the Human Resources Committee and full Board input and approval. j) EPA Announces Initiation of Rulemaking on Sanitary Sewer Overtlow and Wet Weather Issues On May 27, 2010, the EPA announced it would be seeking public input on possible regulation of sewer systems, sanitary sewer overflows (SSO), and wet weather flows. A summary of the announcement that was prepared by the National Association of Clean Water Agencies (NACWA) is attached. It is too early.in the process to know how this effort could , impact the District. N'ApCWL1`A~'dvocac. Alert 1`0`~"1~3 ~ ~~y~'= ~ ~~ `~ ~~ ~r~i^~" °~ L_aalw..rz .. ..~.~ .e. .. ..ih ~e~s. krF' n r....®::[.~~..{:.... .v~'litrP^£va . T.. .... » Advocacy Alerts Archive To: Members & Affiliates From: National Office Date: May 27, 2010 Subject: EPA ANNOUNCES INITIATION OF RULEMAKING ON SANITARY SEWER OVERFLOW AND WET WEATHER ISSUES Reference: AA 10-13 EPA announced today that it will be seeking public input on wet weather issues that affect sanitary sewer systems, including sanitary sewer overflows (SSOs) and blending. The pre-publication version of the Federal Register notice states that the Agency is considering "whether to propose to modify the National Pollutant Discharge Elimination System (NPDES) regulations as they apply to municipal sanitary sewer collection systems and sanitary sewer overflows," and will be considering the following issues: Whether to develop broad-based SSO regulations under the NPDES program, including standard permit conditions for publicly owned treatment works (POTWs) and collection systems that may include the following: • Reporting, recordkeeping, and public notification; • Capacity assurance, management, operation, and maintenance requirements (CMOM) for collection systems; and • Possible provisions for SSOs caused by exceptional circumstances. Whether to require satellite collection systems to obtain a permit. Whether to adopt the December 2005 draft Peak Flows Policy or a revised Policy, and/or to address peak flows as part of a holistic and integrated SSO rulemaking. In its press release, EPA states the Agency is considering these issues because it "is initiating a rulemaking to better protect the environment and public health" from SSOs and basement backups. EPA will begin holding public listening sessions beginning in June, and is providing a 60-day period for submission of written comments after publication of the notice in the Federal Register. NACWA is currently reviewing the notice and will issue a more detailed analysis in an Advocacy Alert next week. NACWA will need to consider how EPA's initiation of rulemaking affects the Association's plan to submit a petition to EPA requesting development of an SSO policy, as well as the Association's positions on SSOs and blending. The appropriate NACWA Committees will discuss these issues, and the Association will be soliciting input from all members. Members are also encouraged to attend the EPA listening sessions and to submit their own comments. Central Contra Costa Sanitary District Board Meeting June 3, 2010 Board Member McGill Item 6.d.1) FUTURE MEETINGS AND CONFERENCES WITH PAID EXPENSES AND/OIt STIPEND Mayors' Conference in Martinez June 3, 2010 MEETINGS AND CONFERENCES THAT EXPENSES AND/OR STIPEND WAS PAID Recycled Water Committee Meeting May 25, 2010 Capital Project Committee Meeting June 2, 2010 Contra Costa Council Installation Dinner June 2, 2010 Item 6.d.2 Announcements Attended: Human Services Alliance of Contra Costa Supervisors Candidates' Forum May 20, 2010 Contra Costa Council Board Meeting May 21, 2010 Kennedy-King Awards Dinner May 21,.2010 John F Kennedy Law School Graduation May 22, 2010 Presentation Clayton Valley/Concord Sunrise Rotary Club May 27, 2010 Will attend: Contra Costa Council Joint Task Force Meeting regarding possible suspension of AB32. June 4, 2010 Pleasant Hill Chamber Economic Report June 4, 2010 Fernandez Ranch Public Opening June 5, 2010 Contra Costa Council Water Task Force June 15, 2010 Pleasant Hill Chamber Mixer June 16, 2010 HBANC Eastern Division Policy Meeting June 16, 2010 ''li