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Home My WebLink About06.b.1) Draft Policy for Accepting Prop 218 Notice ProtestsREVIEVaE� ��!l M1�iENDA.r. B.� FOR BOARD P"�CTA �s/s e Kent Alm mes M. KeLN, District Counsel general Iran ger ISSUE: The District does not at present have guidelines for accepting written protests from owners and tenants of parcels to whom Proposition 218 Notices are sent. RECOMMENDATION: Provide input to staff regarding draft resolution and proposed policy for accepting Proposition 218 notice protests. FINANCIAL IMPACTS: done. ALTERNATIVES/CONSIDERATIONS: Do not adopt a policy. BACKGROUND: This position paper describes standards regarding what would qualify as a valid protest in a hearing on a new or increased property - related fee subject to Proposition 218. Since Proposition 218 and its companion statutes contain few specific constraints on the form of the protest,' some public agencies have chosen to adopt reasonable, supplementary policies governing the submission and tabulation of the protests. A formal, previously- adopted policy governing the hearing procedures has the advantage of clarifying the process for the District and our customers. To be counted as a valid protest, Proposition 218 requires that the protest be in writing, and be filed by either an owner or tenant of the subject property. Beyond those basics, some agencies clarify (in policies or even simply in their Proposition 218 notices) that valid protests must contain an original signature, submission before the end of the public hearing, and an identifying property address or APN. Although Proposition 218 makes no mention of signatures, agencies at a minimum typically require that the written protests be signed, a signature being a reasonable and standard method for verifying a document's author or its authenticity. Some more detailed policies cover a variety of the following considerations: 1. S C Const. Art. XIIID, sec. 5; Gov. Code § 53750 et seq. Together, these l are referred to as "Proposition 218." N:IADMINSUP\ADMIN\DIST- SEC\Position PapersMl Unput re Prop 218 Protest Guidelines.doc POS APoard Meetin Date: . r e ON 011 0 It N 0. That Whether emailed or faxed protests will be counted. Hoer to handle protests from multiple owners or tenants of a parcel, from multi- unit dwellings or buildings if they have the same APN, or from trustees, property managers, agents, or legal guardians. Hove a person may withdraw a previously - submitted protest. • Whether proof of tenancy can be required from protesting tenants, and whether proof of authorization to sign will be required from persons authorized to control or manage property. • At what point the protests will be disclosable public records. (Some agencies keep the protests confidential until the hearing.) o. Whether the District will provide a protest form with its Proposition 218 notice. Which District officer or employee will count the protests= and how validity of certain protests will finally be determined, if challenged. An agency may choose to accept protest forms by mail, fax, email or emailed pdf. If an agency chooses not to accept emails, faxes or petitions based on concerns of lack of clarity, fraud or potential duplication, it is prudent to include such an explanation in the policy. Accompanying this position paper are a draft resolution and proposed policy for accepting Proposition 218 notice protests. This is merely an exemplar for your review. At this time, staff is seeking input from the Board regarding the both the advisability of adopting draft guidelines and their content with the intention of bringing this item back to the Board for final consideration at its March 17, 2011 meeting. R ECOMMENDED BOARD ACTION: Provide input to staff regarding draft resolution and guidelines for accepting Proposition 218 notice protests. N:1 ADMINSUP \ADMIN\DIST- SEC\Position Papers\2011 \Input re Prop 218 Protest Guidelines.doc RESO .-NESOLUTION NO. 201 - TABULATI FOR THE SUBMISSION AND is WRITTEN PROTESTS. AGAINST NEW OR INCREASED FEES OR CHARGES WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District (CCCSD) finds that according to Article III D of the California Constitution and California Government Code section 53755, an owner or tenant of a parcel. receiving a property related service may, after receiving notice of a proposed incr in a fee or charge, .. ........ submit a written protest to the proposed increased fee or ph e; and ........ .. . . . . .......... .......... . ........ ........ .. ..... .... . ... .. ....... .. .. .. ....... . ......... .. .. .. .. .... .. .. .. .. .. .. ..... ..... . .. .. .... ..... WHEREAS, the Board of Directors wishes to adopt moreAetailed.guidelines for the submission and tabulation of the written protests; and ........ .. ..... . ...... .............. .. .. ............. ... ... ... WHEREAS, the validity of written protests that ° signed b the owner .tenant would ....... ................... q Y ... allow validation in the event of a challenge or spected irregularity. .. ... ..... NOW, THEREFORE, be it resolved that the Boa f .rectors of the CCCSD hereby . ...... ... . . .. ...... approves and adopts the attached." Pol i cy for the Submission and Tabulation of .... .. . Protests. " .. ..... .. ..... ... .. .. .... . .. .. ....... .... .. . ... ...... . .. ......... .. . . ......... . . .... ...... . .... .... .. ..... .. ... . PASSED AND ADOPTED this day of 201 : by the Board of Directors . . of the Central Contra C nit Di iot b � fo . In vote: . .......... ........ ............................... ... .. . ... ... ... . ... .. ..... rY Y q .. .... ... .. ...... .. ...... ... .......... .... .. . . ... . AIDES: Membe sn NOES: Mer rs: . . . ......... .......... . . .. ... . ...... ... ... .. . . .. .... . ..... .. ..... . . ... . ... ........ .... ABSENT: me nn ... ... ... . .. ... .. .... .... .. . .. . . ...... .. Kent L. Alm, Esq. Counsel for the District MANk-, O.S. ... . ...... Mac Zr ILI To ensure transparenc and accountabilit in the protest process, protests shall be maintained in confidence from their receipt until disclosure of the number at the public hearin at which time the shall become disclosable public records. �Am F I II! ITIP The Secretar of the District shall determine the validit of all protests. The Secretar shall not accept as valid an protest if the Secretar determines that an of the followin conditions exist: 2. , 3. �-j