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HomeMy WebLinkAboutReso 2013-041 - Proposition 218 protests RESOLUTION NO. 2013-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ESTABLISHING 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 and following), 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, the City Council wishes to set forth procedures in this resolution to clarify these issues, which are intended to be consistent with both Proposition 218 and with the Proposition 218 Omnibus Implementation Act; and WHEREAS, in order to comply with those procedures and conduct fair and accurate protest hearings, the City Council wishes to set forth procedures in this resolution to clarify these issues by adopting local procedures to ensure the consistent and practicable application of the requirements of both Proposition 218 and with the Proposition 218 Omnibus Implementation Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows: Section 1. The City Council hereby approves the "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 of it. t Section 2. The City Council hereby declares its intent in adopting this resolution to adopt 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 regular meeting of the City Council of the City of Redding on the 16`h day of April, 2013, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Cadd,Jones,McArthur,Sullivan,&Bosetti NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None --Z�/ - RICK BOSETTI, Mayor ATTEST: FORM APPROVAL: 14 Ole '� /�✓ PAMELA:M 1 ZE, City Cl RICHARD A. DUVERNAY, ity Attorney A^ 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. The list shall be updated no more than 30 business 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 I 0 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 contain a copy of the proposed resolution or ordinance to be considered by the City Council. 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. 6. In any case where the documentation provided to the City Clerk in accordance with this Section D is ambiguous or unclear, the City Attorney shall make a determination on the eligibility of the party to submit a protest. The party subject to such determination may appeal the determination to the City Council at the public hearing where the fee increase is considered, and the City Council shall make a final determination whether the documentation is adequate for the purpose 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 ! 0 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. 5. The City Clerk may commence tabulation of written protests upon receipt of written protests, and shall complete tabulation of all written protests within twenty-four (24) business hours following the close of the public hearing. The City Manager, with the approval of the City Council, may retain a private firm with demonstrated experience in tabulating written protests to assist the City Clerk where determined necessary. 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