2.06.003_Protest Hearing Conduct and Proceduresva,o RT P4 RR
19 62
CACI F01114
CITY OF ROHNERT PARK
OFFICE OF THE CITY CLERK
NOTICE OF COUNCIL/CDC/RPFA ACTION
Meeting Follow-up Notice'
Pate of Notice: r 3/23/2011
:Staff Contact: r John Dunn, interim Assistant City Manager
Department: r Administration
Policy #: 2.06.003
Type: City Council
Effective Date: 2011
Former Policy #: 405.39
IM - e .1 e .1 t , in - g _. Date: .. - - 3/22/2011 Agenda # 7.C.3 I Calendar: j Consent
Wc-l—enida —Title: CONSENT CALENDAR
MMMMM-MMA -pir
10oundil/CDC/RPFA. Council item yeResolution ten 2011-025
Item Title: Establishing Procedures for the Conduct of Protest Hearings Pursuant to
Proposition 218 for New or Increased Property -Related Fees and Charges-
.. ......... ..
Action: Adopted as Submitted
.............. .
,Vote : 5-0
Attachments:
!!Comments:
!-Future Item:
'CPY to:
i-
IFile (s): CITY POLICY BINDER: City,Council/CDC General Policy No. 4051.39
CITY POLICY BINDER: Revenue -Related Matters Policy No. 309.20
SUBJECT FILE: City Council Policies - Proposition 218 Protest Hearings [NEW FILE]
Council Agenda Chron
'File Subtab:
:Annual Reminder: 1
3/22/11 City Council Agenda
ITEM NO. 7.C.3
RESOLUTION NO. 2011-25
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: March 22, 2011
Department: Administration
Submitted By: John Dunn, Interim Assistant City Manager
Submittal Date: March 16, 2011
Agenda Title: Adoption of Protest Hearing Procedures for New and Increased Property -
Related Fees and Charges
REQUESTED COUNCIL ACTION:
Adoption of Resolution No. 2011-25 Establishing Procedures for the Conduct of Protest Hearings
Pursuant to Proposition 218 for New and Increased Property -Related Fees and Charges
Summary:
On March 8th, the Council adopted Resolution 2011-19 accepting the Sewer Financial Plan and Rate
Study prepared by The Reed Group, Inc. The resolution directed staff to bring to the Council for its
consideration documents necessary to adopt the new rate structure and implement new sewer rates.
The next step in adopting new sewer rates is to hold a noticed public hearing on the new sewer rate
structure pursuant to Proposition 218 (Article XIII D of the California Constitution.) Proposition 218
established special protest hearing procedures for "property -related fees and charges," including
sewer and water rates. The protest hearing for the new sewer fees is scheduled to be held in the
Council Chamber on May l 01" at 6:00 p.m.
A resolution establishing the City's procedures for the protest hearing is attached.
Background: When the City adopts or increases a property -related fee or charge subject to Section
6 of Article XIII D of the California Constitution, it must give 45 -days written notice of a public.
hearing on the new rates. The record owners of parcels subject to the new or increased fee, and
tenants directly liable for payment of the fee or charge, may file written protests with the City Clerk
before the close of the public hearing. .Only one protest is counted for each parcel. if protests are
filed for a majority of the parcels subject to the fee, the new or increased fee or rate cannot be
implemented. The attached resolution sets out the manner in which notice will be given, the
procedures for filing protests, and the procedures for counting protests.
CITY ATTORNEY'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City
Attorney.
CITY MANAGER'S RECOMMENDATION:
It is recommended that the Council adopt Resolution No. 2011-25 Establishing Procedures for the
Conduct of Protest Hearings Pursuant to Proposition 218 for New and Increased Property -Related
Fees and Charges
OAK #14847-3112-7305 v6
RESOLUTION NO. 2011-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ESTABLISHING PROCEDURES FOR THE CONDUCT OF PROTEST HEARINGS
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 a 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, in order to comply with those procedures and conduct fair and accurate
protest hearings, the City Council wishes to adopt local procedures;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park 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 a part of it.
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 XIII D of the
California Constitution and the Proposition 218 Omnibus Implementation Acta
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.
DULY AND REGULARLY ADOPTED this 22nd day of March, 2011.
ATTEST: ,OHNURT PARM CITY OF 1?,(OHNERX PARK
_ . 62
L AAT1
rty Clerk Mayor
CA FORNp
I 0 U
��
Attorney
AHANOTU: AYE CALLINAJN.,KYE MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE.
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
OAK #4832-9711-3608 v6
Procedures for Conducting Protest Hearings
for Proposed New or Increased Property -Related
Fees and. Charges
Exhibit "A"
OAK #4832-9711-3608 v6
City of Rohnert Park
Procedures for Conducting Protest Hearings
For Proposed New or Increased Property -Related
Fees and Charges
A. Definitions.
1. "Fee" or "rates" 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. "Tenant" means a real property tenant directly liable for the payment of the
fee under consideration.
B. Creation of Master Mailinu List.
1. The City shall prepare, or cause to be prepared, a Master Mailing List
indentifying 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 account holder
records if the City is currently providing a property -related service to the
address. The list shall be updated no more than 30 business days before the
date that notices are to be mailed. The Master Mailing List may also be
based upon information in the last equalized secured tax assessment roll.
C. Notice; Right to be Heard.
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
Exhibit "A"
Page 1
OAK #4832-9711-3608 v6
may be addressed to "Record Owner/ Service Account
Holder."
2. 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.
3. The City Clerk may post a copy of the notice on the City's website.
4. The notice shall contain the information required by Article XIII D of the
California Constitution and the Proposition 218 Omnibus Implementation
Act, that is:
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.
5. 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.
6. The City Clerk, or someone delegated by the City Clerk, may certify the
proper mailing of notices by an affidavit, which shall constitute conclusive
proof of mailing in the absence of fraud.
7. Failure of any person to receive notice shall not invalidate the proceedings.
C. 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.
Exhibit "A"
Page 2
OAK #{4832-9711-3608 v6
2. Property owners of record are eligible to file protests. The last assessment
roll of the Sonoma County 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 owner on the last
equalized assessment roll, the protest must be accompanied by written proof
that the person signing is the owner- of record.
3. 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
tenant, tenant-in-common, or trustee shall be presumed to have authority to
file a record -owner protest on behalf of that parcel.
4. 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.
5. 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.
6. Tenants who are directly liable for the payment of the fee are eligible to file
a tenant protest. A tenant 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.
7. In any case where the documentation provided to the City Clerk in
accordance with this Section C is ambiguous or unclear, the City Attorney
Exhibit "A"
Page 3
OAK #4832-9711-3608 v6
shall determine whether the documentation is adequate for the purpose
provided.
D. Making and Counting Protests.
1. Any eligible record property owner or tenant may submit a written protest
against the new or increased fee before or during the public hearing to the
City Clerk.
2. Protests must:
a. Be in writing with the original signature from the property owner of
record or tenant.
b. Identify the parcel for which the protest is being made, by address or
Assessor's Parcel Number (APN).
c. State that the signer opposes the new or increased fee.
d. Be received at City Hall before or during the public hearing.
3. Protests delivered before the public hearing shall be hand delivered during
normal business hours, or mailed, to the City Clerk at 1.30 Avram Avenue,
Rohnert Park, California 94928.
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 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
Exhibit "A"
Page 4
OAK 44832-9711-3608 v6
property or the tenant. 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.
E. 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. From and after the
time they are tabulated 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.
2. The City Clerk shall determine the validity of all 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 C above.
d. The protest does not state its opposition to the new or increased fee.
e. The protest was not received by the City Clerk before the close of the
public hearing.
f. A valid request to withdraw the protest isreceived before the close of
the public hearing.
3. The City Clerk's decision regarding the validity of a protest 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.
Exhibit "A"
Page 5
.OAK 114832-9711-3608 v6
4. The City shall prepare, or cause to be prepared, a Master Parcel List
identifying each parcel subject to the new or increased fee. A majority
protest exists if, with respect to a majority of the parcels subject to the new
or increased fee, written protests which comply with each of the
requirements of this resolution are timely submitted and not withdrawn.
5. The City Clerk shall begin tabulating written protests within twenty-four
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. If, at the conclusion of the public hearing,
a cursory review of the protests demonstrates that the number received is
manifestly less than one-half of the parcels that would be subject to the new
or increased fee, then the City Clerk may advise the City Council of the
absence of a majority protest without tabulating the protests.
Exhibit "A"
Page 6
OAK #4832-9711-3608 v6