HomeMy WebLinkAboutReso 2016-087 - Protest Proceedings 1 • •
RESOLUTION NO. 2016-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
AMENDING PROCEDURES FOR THE CONDUCT OF PROTEST
PROCEEDINGS PURSUANT TO PROPOSITION 218 FOR NEW OR
INCREASED PROPERTY-RELATED FEES AND CHARGES
WHEREAS, Article XIII D of the California Constitution requires that cities meet
certain procedural and substantive requirements when adopting new or increased property-
related fees or charges, and the Proposition 218 Omnibus Implementation Act (Government
Code §§ 53750; 53755), as amended, provides additional guidance as to the procedures to be
followed; and
WHEREAS, Proposition 218 requires that the record owner or ratepayer for the parcel
upon which the fee or charge is proposed for imposition or increase be notified of the amount of
the fee; the basis upon which the amount of the fee was calculated; the reason for the fee; and
the date, time, and location of a public hearing on the fee; and
WHEREAS, Proposition 218 requires that all protests against the fee or charge be
considered at a noticed public hearing: and
WHEREAS, Proposition 218 does not clearly set forth who is allowed to submit
protests, the procedure for submitting protests, or how the protests are to be tabulated; and
WHEREAS, the California Legislature in 2008 passed Government Code Section
53755(a)(1) amending the Proposition 218 Omnibus Implementation Act to clarify the notice
aspect of the Proposition 218 procedures; and
WHEREAS, in order to comply with those procedures and conduct fair and accurate
protest hearings, the City Council adopted Resolution No. 2013-041 setting forth procedures to
ensure the consistent and practicable application of the requirements of both Proposition 218
and with the Proposition 218 Omnibus Implementation Act; and
WHEREAS, the City wishes to amend these procedures to facilitate the methodology
for collecting data for the master mailing list and tabulation of ballots.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding
as follows: t�
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Section 1. The City Council hereby approves the amended "Procedures for
Conducting Protest Hearings for Proposed New or Increased Property-Related Fees and
Charges" as set forth in Exhibit A attached to this resolution and made a part thereof.
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Section 2. The City Council hereby declares its intent in adopting this resolution to
adopt amended procedures that are consistent with, and in compliance with, Article XIIID of the
California Constitution and the Proposition 218 Omnibus Implementation Act.
Section 3. The City Council finds that this project is exempt from the California
Environmental Quality Act (CEQA)pursuant to Section 15273 of the CEQA Guidelines.
I HEREBY CERTIFY that the foregoing resolution was introduced and read at a special
meeting of the City Council of the City of Redding on the 3`d day of August, 2016, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Cadd, Schreder, Sullivan,Weaver, & McArthur
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
miss=PPROVAL:THUR, Mayor
ATTEST: FOR
PAMELA MIZE, City Clerk BARRY E. PWA T, City Attorney
EXHIBIT A
City of Redding Procedures for Conducting Protest
Hearings for Proposed New or Increased Property-Related
Fees and Charges
City of Redding Procedures for Conducting Protest Hearings for Proposed
New or Increased Property-Related Fees and Charges
A. Definitions
1. "Fee" or "rate" shall mean a property-related fee or charge subject to the requirements of
Article XIII D §6 of the California Constitution.
2. "Increase" shall mean a change in an existing property-related fee or charge that is subject to
the majority protest hearing requirements of Article XIII D §6.
3. "Public hearing" shall mean the noticed public hearing at which protests will be received.
4. "Property Owner" means the property owner of record or his or her legal representative who
is entitled to represent the interests of the property owner, as reflected on the most recent
available equalized secured tax assessment roll maintained by the Shasta County Tax
Assessor-Recorder.
5. "Fee Payer" means a real property tenant directly liable for the payment of the
property-related fee or charge under consideration.
B. Creation of Master Mailing List
1. The City shall prepare, or cause to be prepared, a Master Mailing List identifying each
property that would be subject to the proposed new or increased fee.
2. The Master Mailing List may be based upon the City's utility account-holder records if the
City is currently providing a property-related service to an address or property. The Master
Mailing List may also be based upon, or include, property owner information as reflected in
the last equalized secured tax assessment roll maintained by the Shasta County Tax Assessor-
Recorder and provided to the City of Reddingoquarterly basis. The list shall be updated
no more than 30 90 business-calendar days before the date that notices are to be mailed.
C. Noticing of Right to Protest
1. If the Master Mailing List is created from the City's property-related service accounts, notice
shall be sent to the customary billing address for each and every account listed as authorized
by Government Code §53755. The notice may be addressed to "Property Owner" and/or
"Utility Fee Payer."
2. Where the "Property Owner" is not the "Fee Payer" of the fee or property-related charge
under consideration, separate notice shall also be mailed to the address of the "Property
Owner" of the property subject to the proposed fee or charge.
Procedures Re Protest Hearings Page 1
3. Notice shall be sent via the United States Postal Service, postage prepaid, at least forty-five
(45) days before the date set for the public hearing on the new or increased fee. Said notice
may be enclosed within the regularly scheduled Utility Billing mailer to a utility account
holder as a separate protest ballot. Where the protest ballot is enclosed within the regularly
scheduled Utility Billing mailer, the noticed protest hearing shall not occur until 45 days after
the last Utility Billing mailer, which contains a protest ballot, is mailed.
4. The City Clerk may post a copy of the notice on the City's website.
5. The notice shall contain the information required by Article XIII D of the California
Constitution and the Proposition 218 Omnibus Implementation Act that includes all of the
following:
a. The amount of the new or increased fee proposed to be imposed.
b. The basis upon which the fee is calculated.
c. The reason for the fee.
d. The date, time, and place of public hearing on the proposed fee, and such other
information as the City shall determine is useful to those receiving it.
6. As provided in Government Code §53756, the notice provided by these procedures shall
supersede and be in lieu of notice required by any other statutes to levy the new or increased
fees.
7. Notice of the public hearing where protest may be heard shall occur as follows:
a. Notice of hearing shall be given by the City Clerk and must eentain a eapy of the
b. The notice shall be published at least once each week for two weeks prior to the hearing
in a newspaper of general circulation (the first publication must be a minimum of 15 days
prior to the date of the hearing).
8. The City Clerk, or designee, may certify the proper mailing of notices by an affidavit, which
shall constitute conclusive proof of mailing in the absence of fraud.
9. Failure of any person, "Fee Payer" or "Property Owner/Holder" to receive notice shall not
invalidate the proceedings.
D. Persons Eligible to File Protests; Right to Be Heard
1. Members of the public are entitled to make comments at the public hearing whether or not
they choose to submit a written protest. Property owners of record are eligible to file protests.
The last assessment roll of the Shasta County Assessor-Recorder is presumptive evidence of
ownership of the parcel for the purposes of filing a property-owner protest. If a person filing
a property-owner protest is not listed as the property owner on the last equalized assessment
Procedures Re Protest Hearings Page 2
roll, the protest must be accompanied by written proof that the person signing is the owner of
record.
2. When a parcel is held as community property, or in joint tenancy, or tenancy-in-common, or
by a trust, any spouse or domestic partner,joint Fee Payer, Fee Payer-in-common, or trustee
shall be presumed to have authority to file a record-owner protest on behalf of that parcel.
3. Executors, administrators, and guardians may sign the property-owner protest on behalf of
the estate represented by them if they are shown on the latest assessment roll as paying taxes
or assessments on behalf of the property owners. If not, written proof of the legal
representation must be filed with the protest. Any one executor, administrator, or guardian is
presumed to have authority to file a property-owner protest on behalf of such property.
4. The protest of any public or quasi-public corporation, private corporation, or any
unincorporated association may be signed by any person authorized to do so in writing by the
board of directors or trustees or any other managing body of it.
5. Fee Payers who are directly liable for the payment of the fee are eligible to file a Fee Payer
protest. A Fee Payer listed as an account holder for the service for which the new or
increased fee is proposed is presumed to be eligible to file a protest. If the City service
account holder listed on the Master Mailing List has closed his or her account and a new
person has qualified with the City as the account holder prior to the commencement of the
public hearing, the new account holder may file a protest.
appealSection D is ambiguous OF uneleaF, the City Attaffie), shall make a determination on the
the detef:min tion to the ('tity (`o,.neil at the publie heafi ng wheFe the Foo ifieFeas-
eensider-ed,
is adequate faf the puFpase provided.
E. Making and Counting Protests
1. Any eligible record Property Owner or Fee Payer may submit a written protest to the City
Clerk against the new or increased fee before or during the public hearing.
2. Protests must:
a. Be in writing with the original signature from the property owner of record, or current
Fee Payer who is also the payer of the property related fee or charge.
b. Identify the parcel for which the protest is being made by the property address or include
the Assessor's Parcel Number(APN).
c. State that the signer opposes the new or increased fee.
d. Identify the specific fee increase which is being protested.
e. Be received by the Office of the City Clerk before or during the public hearing.
Procedures Re Protest Hearings Page 3
3. Protests delivered before the public hearing shall be hand-delivered during normal business
hours or mailed to the City Clerk at 777 Cypress Avenue, Redding, California 96001.
4. Protests submitted by email, fax, or telephone, and oral protests of any kind will not be
considered by the City in determining whether a majority of the owners of identified parcels
or the Fee Payers of the property who pay the property-related fees or charges have
submitted protests.
5. All written protests must be submitted and received by the City Clerk before the conclusion
of the public hearing. The City Clerk shall not accept any protest that is received after the
conclusion of the public hearing even if postmarked before that time.
6. Any person who submits a written protest may withdraw it by submitting a request that it be
withdrawn before or during the public hearing in the same manner as a protest can be made.
The written withdrawal of a protest shall identify the parcel by Assessor's Parcel Number or
street address and shall identify the person withdrawing the protest as either the record owner
of the property or the Fee Payer. The withdrawal of a protest shall only be valid if it is made
by the same person who submitted the protest or by a person with legal authority to act for
that person.
7. No more than one protest shall be counted per parcel.
F. Tabulation of Protests
1. The City Clerk shall take custody of written protests which shall remain confidential until
after the close of the public hearing where the property-related fee or charge is acted on by
the City Council. From and after the time they are tabulated and the results are submitted to
the City Council after the conclusion of the public hearing, the written protests shall
constitute public records as defined in Government Code §6524. The City Clerk shall
establish appropriate safeguards to ensure that protests are secure and not available for
examination prior to the conclusion of the public hearing. Once the protests become public
records, the identities of those making protests shall be public information.
2. The City Clerk shall determine the validity of all eligible protests. The City Clerk shall not
accept as valid any protest if the City Clerk determines any of the following:
a. The protest does not identify a parcel which is subject to the new fee, either by street
address or parcel number.
b. The protest does not bear an original signature of the person submitting the protest.
c. The person signing the protest is not eligible to do so under the rules set forth in Section
D above.
d. The protest does not state its opposition to the new or increased fee by indicating on the
ballot the specific fee or charge being protested.
e. The protest was not received by the City Clerk before the close of the public hearing.
Procedures Re Protest Hearings Page 4
3. The City Clerk's decision regarding the validity of a protest from an eligible party shall
constitute a final action of the City and shall not be subject to the appeal to the City Council
or to any other board or employee of the City.
4. A majority protest to the fee or property-related charge exists if, with respect to a majority of
the parcels subject to the new or increased fee or charge, written protests which comply with
each of the requirements of this resolution are timely submitted and not withdrawn.
,
and shall eemplete tabulation Of all WFittefi pfatests ;.vithiq P.A.ent), four (24) business h
5. The City Council, may if necessary, continue the tabulation at a different time or location
accessible to the public providing that the City Council announces the time and location at
the hearing. The City Clerk shall not commence tabulation of written protests until after the
close of the public hearing and shall make best efforts to complete the tabulation of all
written protests within twenty-four (24) business hours following the close of the public
hearing. The City Manager may retain a private firm with demonstrated experience in
tabulating written protests to assist the City Clerk when determined to be necessar.
6. If, at the conclusion of the public hearing where protests are received, a cursory review of the
protests clearly demonstrates that the number received is manifestly less than one-half of the
parcels that would be subject to the new or increased fee or charge, then the City Clerk may
advise the City Council of the absence of a majority protest without tabulating all protests
and shall announce the results of the protest balloting to the City Council.
Procedures Re Protest Hearings Page 5