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HomeMy WebLinkAboutRESO 7974RESOLUTION NO. 7974 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING PROCEDURES FOR THE CONDUCT OF A PROTEST HEARING AND ELECTION RELATING TO A PROPOSED STORM DRAIN UTILITY FEE INCREASE WHEREAS, Proposition 218 was adopted 1996, adding Articles XIIIC and XIIID to Constitution; and on the November 6, California WHEREAS, the City Council is considering a proposal to increase the storm drain utility fee; and WHEREAS, Article XIIID of the California Constitution imposes certain procedural and substantive requirements relating to property-related fees and charges (as therein defined) but does not set forth all of the procedures necessary to conduct a protest hearing and election, as required by Article XIIID for consideration of the storm drain utility fee; and WHEREAS, in order to conduct. a fair and accurate protest hearing and election, the City Council · finds it necessary and appropriate to adopt local procedures; NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. The Council hereby approves the "Procedures For The Conduct Of A Protest Hearing And Election Relating To A Proposed Storm Drain Utility Fee Increase," as set forth in Exhibit "A", attached hereto and incorporated herein by reference. SECTION 2. The Council hereby declares its intent in adopting this resolution, to adopt procedures that are consistent, and in compliance with, Article XIIID of the California Constitution and with the Proposition 218 Omnibus Implementation Act (Government Code sections 53750 et seq.). II II II II II 000519 cl 0032310 1 SECTION 3. The Council finds that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 (Rates, Tolls, Fares and Charges) of the CEQA Guidelines. INTRODUCED AND PASSED: June 12, 2000 AYES: NOES: BURCH, EAKINS, OJAKIAN ABSENT: BEECHAM, KNISS ABSTENTIONS: APPROVED AS TO FORM: U) ~.~ Se~st. City Attorney 000519 c1 0032310 FAZZ·INO, 2 KLEINBERG, LYTLE, MOSSAR, EXHIBIT "A" PROCEDURES FOR THE CONDUCT.OF A PROTEST HEARING AND ELECTION RELATING TO A PROPOSED STORM DRAIN UTILITY FEE INCREASE The following procedures have been adopted by the City Council of the City of Palo Alto for the purpose of conducting all proceedings required by Article XIIID of the California Constitution for consideration of a proposed storm drain utility fee increase. Where no specific procedures are imposed by Article XIIID; or the Proposition 218 Omnibus Implementation Act (Chapt. 28, 1997 stats.), these procedures shall apply. TABLE OF CONTENTS A. Calculation of the fee Page 1 B. Notice of the fee increase Pages 1 c. Eligibility to protest and vote Pages 1-3 D. Conduct of the public hearing Pages 4-5 E. Conduct of the election Pages 6-9 F. Conduct of post-election proceedings Pages 9 000619 cl 0032353 ii A. Calculation of the fee and proposed increase: Storm drainage fees shall be calculated in accordance with Utility Rate Schedule D-1 and with Utilities Rule and Regulation 25. B. The following· guidelines shall apply to giving notice of the fee increase, as required by Article XIIID, Section 6, of the California Constitution: c. 1. The record owner(s) of each parcel to which the increase is proposed to apply shall be determined from the last equalized secured property tax assessment roll; however, the City may use more recent ownership information obtained from the County Recorder than the last assessment roll. If the property tax roll indicates more than one owner, all owners (each owner) shall receive notice at the address shown in the property tax roll. Only property owners shall receive notice. 2. The notice shall be sent by first class mail, at least forty-five ( 4 5) days prior to the date set for the public hearing on the fee increase. 3. The form of the notice of hearing is on file with the City Clerk. 4. The notice provided by these procedures, in accordance with Article XIIID, section 6 of the California Constitutidn, shall supersede and be in lieu of notice required by any other statutes to levy or increase this fee. 5. The City Clerk, or the delegate of 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. 6. Failure of any person to receive notice shall not invalidate the proceedings. The following guidelines shall apply to determining eligibility to file a protest and to vote: 1. The property owner(s) of parcels subject to the proposed fee increase shall be entitled to a single protest and vote for each parcel. The last assessment 000619 cl 0032353 1 roll of the Santa Clara County Recorder is presumptive evidence of ownership of the land for voting purposes; however, the City may use more recent ownership information obtained from the County Recorder than the last assessment roll, in which case, the more recent information, which shall be included in the master list, described in Section D 1 of these procedures, is presumptive evidence of ownership of the land for voting purposes. When a parcel is held as community property or in joint tenancy or as a tenancy in common, any spouse or joint tenant or tenant in common shall be presumed to have authority to file a protest or cast a vote on behalf of such parcel. 2. If the owner(s) of the property desire to designate a particular owner as the person authorized to file a protest or cast the vote for such parcel, they may file with the C.i ty Clerk, at any time prior to the commencement of the public hearing or the date of the election, as the case may be, a written authorization of such designation, signed by all the owners of record, and acknowledged in the manner that deeds of real property are required to be acknowledged to entitle such deeds to be recorded in the Santa Clara County Recorder's Office. 3. Executors, administrators, and guardians may sign the protest and/or ballot provided for in these procedures on behalf of the estate represented by them. If such representatives are shown on the latest assessment roll as paying taxes and assessments on behalf of the property owner(s), that fact shall establish the right of such representative (s) to sign the protest and/or ballot. If such representatives are not shown on the latest assessment roll, the representatives may file with the City Clerk, at any time prior to the commencement of the public hearing, or the date of the election, as the case may be, certified copies of the written documentation establishing the legal representation. 4. If more than one representative is shown on the late~t assessment roll as paying taxes and assessments on behalf of the property owner(s), the right to sign the protest or ballot for the property shall be determined in the manner provided in subsection C 2 with respect to co-owners. 5. 000619 c1 0032353 The protest and/or ballot of any public corporation, private 2 public or quasi- corporation, or unincorporated association may be signed by any person so authorized in writing by the board of directors or trustees or other managing body thereof. Such written authorization, attested by its seal and duly acknowledged, may be filed with the City Clerk prior to commencement of the public hearing or prior to the date of the election, as the case may be. 6. The owner of any parcel to which the fee increase is proposed to apply, appearing on the assessment roll, which has been assessed in the wrong name or to unknown owners, or which has passed from the owner appearing as such on the last equalized assessment roll since the same was made, may sign the protest and/or ballot for such parcel by filing with the City Clerk, at any time prior to the commencement of the public hearing, or prior to the date of the election, as the case may be, a duly acknowledged proxy from such former owner, or evidence of his or her ownership by a conveyance duly acknowledged showing the title to be vested in the person claiming the right to sign the protest and/or ballot, accompanied by a certificate of a competent searcher of titles which certifies that a search of the official records of the county since the date of the conveyance discloses no conveyance or transfer out· from the grantee or transferee named in the conveyance. 7. The City Manager is designated as the voting representative with respect to City-owned property. 8. If no documentation relating to the voting authority for a parcel is filed with the City Clerk prior to the commencement of the public hearing, or prior to the date of the election, as the case may be, as provided for in this section C, the ownership information shown in the latest assessment roll or such newer information as the City may have obtained from the County Recorder shall be conclusive evidence of ownership for protest and/or voting purposes, and the owner or representative who votes on behalf of the parcel shall be presumed to be legally authorized to do so. 9. In any case where the documentation provided to the City Clerk in accordance with this section C is ambiguous or unclear, the City Attorney shall determine whether the documentation is adequate for the purpose provided. 000619 cl 0032353 3 D. The following guidelines shall apply to the conduct of the public hearing: 1. Th~ Director of Public Works shall prepare a written report (also referred to as the "master list") for the City Council, which shall contain a list of all parcels to which the fee increase is proposed to apply, and the amount of the proposed fee increase for each parcel. The proposed fee increase shall include the proposed initial increase plus any proposed inflation adjustment. 2. Only written protests that are legibly signed by an eligible property owner (refer to Section C regarding eligibility) , that identify the parcel for which the protest is made, and that state the grounds for the protest will be considered; provided, that the Council may waive any irregularities in the form or content of any written protest if the protest is in substantial compliance with these procedures. 3. The City Clerk shall endorse on each written protest the date it is filed with the City Clerk, and shall show whether the protest was filed prior to the close of the public testimony portion of the public hearing. No protest received after the close of the public testimony portion of the public hearing shall be counted in determining the amount of protest, but the Council may, in its discretion, consider such protests in making its decision. Written protests may be withdrawn in writing at any time before the conclusion of the public testimony portion of the public hearing. All written protests shall be considered public records. 4. At the time and place fixed for the hearing, or at any time to which the hearing is adjourned, the Council shall: ( i) (ii) (iii) 000619 cl 0032353 Hear all persons interested in the matter of the proposed fee increase; Hear all objections, protests or other written communications. from any owner of property increase; Take and evidence increase. subject and receive pertaining 4 to the proposed fee oral to and documentary the proposed fee 5. The hearing may be continued from time to time, as the Council determines necessary to complete its consideration of the proposed fee increase. 6. .If the Council determines, at the close of the public testimony portion of the public hearing, that written protests have been received from property owners representing a majority of the parcels subject to the proposed fee increase, the Mayor shall declare the proceedings closed; and the fee increase shall not be approved. 7. If the Council determines, at the close of the public testimony portion of the public hearing, that written protests have not been received from property owners representing a majority of the parcels subject to the proposed fee increase, the Council may: ( i) ( ii) (iii) Remedy and correct any clerical error or informality in the report containing the proposed fee increase for each property; correct any minor defects in the proceedings; and correspondingly, revise and correct any of the acts or determinations of any City officers or employees, as contained therein, pr?vided, that any such modification or correction shall not result in an increase in the fee proposed for any individual parcel, which is greater than the amount shown in the notice mailed to the property owner pursuant to Section B and subsection D 1 of these Procedures; Confirm said report, as may have been amended in accordance with subparagraph ( i) of this subsection D 5, and each of the proposed fee increases therein; Adopt a resolution calling for an election. 8. The resolut~on calling for an election shall state that the election is being held for the purpose of submitting the fee increase to a vote of the property owners of parcels subject to the proposed fee increase. 9. The date of the election shall be no less than forty- five (45) days after adoption of the resolution. 000619 cl 0032353 5 E. The following guidelines shall apply to the conduct of the election. 1. The City Clerk shall be responsible for the conduct of the election governed by these procedures. The City Clerk may designate one or more persons as election officials, to assist the City Clerk in canvassing the ballots. 2. The election shall be by mailed ballot. 3. The property owner(s) of parcels subject to the proposed fee increase shall have one vote for each parcel. The determination of eligibility for voting shall be in accordance with section C of these procedures. The City Clerk shall use the master list of each parcel for which the fee increase is proposed to apply, the eligible voter for each parcel, and the voter's address. The master list shall be the list prepared by the Director of Public Works in accordance with subsection D 1, as confirmed by the City Council in accordance with subsection D 5 ( ii) and as may be updated by the City Clerk in accordance with information received pursuant to Section C, of these procedures. 4. The ballot and election materials, described in subsections D 11 and D 12, along with a stamped, self- addressed return envelope, shall be mailed to the property owner of record of each parcel subject to the proposed fee increase, or to such other eligible voter, as determined in accordance with section C, by depositing them in the U.S. Mail, first class, postage prepaid, on or before the twentieth (20th) day prior to the date set for the election. 5. The ballot shall be nonforwardable. Any ballot that is returned to the City Clerk shall not be forwarded by the City Clerk. 6. The City Clerk, or the delegate of the City Clerk, may certify the proper mailing of ballots by an affidavit, which shall constitute conclusive proof of mailing in the absence of fraud. 7. Whenever the City Clerk is required to mail a ballot to any address outside the territorial limits of the United States, the City Clerk shall mail the ballot airmail and, if under any law of the United States 000619 cl 0032353 6 official election ballots may be mailed without the payment of postage, the City Clerk shall so mail the ballot. 8. The City Clerk shall send a second ballot to any qualified voter upon receipt of a statement under penalty of perjury that the voter has failed to receive, lost, or destroyed his or her original ballot. The City Clerk shall keep a record of each ballot sent to and received from a voter and shall verify, prior to counting any duplicate ballot, that the voter, has not attempted to vote twice, or that another person has not attempted to vote on behalf of the particular parcel. If it is determined that a voter has attempted to vote twice, or that more than one vote has been attempted for the same parcel, both ballots shall be void. 9. All ballots shall be voted on or before the day of the election. After marking the ballot, the voter shall either: (a) return the ballot by mail or (b) return the ballot in person to the City Clerk. 10. Upon receipt of the ballot in its envelope, the City Clerk shall compare the property identification and name on the envelope containing the ballot and the signature of the voter certifying that he or she is authorized to sign the envelope on behalf of that property, with the master list of eligible voters, described in subsection E 3. If the City Clerk determines that the ballot in its envelope has been returned by a person not on the master list, the ballot shall be rejected and shall not be counted. The cause of the rejection shall be written on the face of the identification envelope. 000619 cl 0032353 The City Clerk will not accept a ballot ( i) that is a photocopy; ( ii) enclosed in an envelope that does not contain an original signature; (iii) that lacks an identifiable "yes" or "no" vote. No ballot shall be removed time for for cause envelope until the shall be rejected been opened. 7 from its identification processing. No ballot after the envelope has 11. All ballots shall be received by the City Clerk no later than 8:00 p.m. on election day. Postmarks do not count. 12. The form of the ballot shall be as follows: ( i) The ballot shall contain the following ballot measure: Shall the proposed storm drain YES utility fee increase, including the inflation adjustment index, be approved? NO ( ii) The ballot may be preprinted in a manner so as to allow machine tabulation of the votes. (iii) Because this is a property owner election, all ballots will be in English. 13. The election materials shall include all supplies necessary for the use and return of the ballot. The election materials may, but need not, contain a voter information pamphlet. 14. The identification envelope for return of the ballot shall contain the following: ( i) (ii) (iii) (iv) (v) 000619 cl 0032353 The name of the property owner. The address of the property owner. A declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the owner (s) entitled to vote and is the person whose name appears on the identification envelope. Space for the voter to print his or her name and for the signature of the voter. The date of signing and place of of the declaration described in (iii) . 8 execution paragraph (vi) A notice that the envelope contains an official ballot and is to be opened only by the appropriate election officials. 15. The vote of each voting property owner shall be secret; and no voter shall place any mark upon a ballot that will make that ballot identifiable. 16. T.o the extent not covered by voting shall be consistent with Elections Code, insofar as the such provisions are applicable and are not inconsistent with California Constitution. these procedures, the the provisions of the City Clerk determines to these proceedings Article XIID of the F. The following guidelines shall apply to the conduct of post-election proceedings: 1. Not later than 30 days after the election, the City Clerk shall transmit to the Council a written notification as to the results of the election. 2. If the election results indicate that a majority of the voters voting upon the fee increase voted in favor of the increase, the City Council may adopt the fee increase by resolution amending Utility Rate Schedule D-1. 000619 cl 0032353 9