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Home My WebLink About04.b. CONDUCT A PUBLIC HEARING TO 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 Continued from June 3, 2010 BoardMeetingDate:. June 17, 2010 NO•' 4.b. Public Hearings Type of Action: CONDUCT PUBLIC HEARING; ADOPT RESOLUTION Sub/ect: 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: Init/ating Dept/Dlv.: Kurt Darner, Development Services Engineering/Environmental Services Supervisor REVIEWED AND RECOMMENDED FOR BOARD ACTION: w~ -~ a erE Swanson A. Farrell James .Kelly, Gener 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 Town 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 6-3-10_1.doc Page 1 of 2 POSITION PAPER Board Meeting Date: June 17 , 2010 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'/z 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\2070\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 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\Millier\2010\2010-11 Exhibit A Delinquent Chgs FINAL 6-3-10 Mtg.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 Cdntra Costa County Tax Roll. Passed and adopted this 17~h 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 DELINOUENT 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 Paoers\Millier\2010\2010-11 Exhibit A Delinquent Chas FINAL 6-3-10 Mto.doc Jun. 1. 2010 4:52PM ~ GagenMcCoy William 6. Gages. Jr. Gregory L. Mday Patrick 1. \le\fehan Chadea A, KC6a Mkhael J. Alxkowifa Richard C. Rpinra aarbare [Nvel Jewell Robes M-Fsnucd Allan C. Moore $tephenT. Duehl Mnendo Rcvins Martin Lyaona Lawen ri Dadgc Sarah S. Nic paas pyllik 9~1ap P. Mulry Ammtda Eeck OfCawul lino K. Coombs Via Facsimile 925-676-7211 Elaine Boehme Secretalg of Board of Directors Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 G°31~C~L~MCD JUN 012010 CCCSD SECRETARY OF THE DISTRICT June 1, 2010 Re: CCCSD Connection Fees 1615 Lawrence Road, Danville, CA CCCSD Application No. 03-1761, APN #206-170-009, Job No. 5633 bear Ms. Eoehme; Uaavllle OfRCO 279 Fronl Blreet r.o. 8ox xis Dnnville, Califomifl 945x6-0218 '1'clcplwne: (925) 637-0585 Pax: (925)839-5985 Nnpa Vnllcy Office The OtKca At Southbridge 1030 Main ShcN, Soite 212 St. Ilclctm, Califonun 94574 'I'clephono: (707) 967-0909 Psa: (707) 967-5527 please Reply Ta: Danville 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 Directors Meeting at 2;00 p.m. on Thursday, June 3, 2010. TJnfortunately, Mr. Dellerrera 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 a hvo-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 0(aces of Gages, McCoy, McMahon, Koss Markowitz & Raines A Professional Corporation P:ICLMEL1509851ttr to Elaino Doehnc.doc Jun. 1. 1010 4:52?M Elaine Boehme June 1, 2010 Page 2 X0.3936 P. 3/3 me at any time. Mr. Dellerrera 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 DeHen•era (By Facsimile) raCLM13U50BB5U-~r to elnine Doehi~e.da