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HomeMy WebLinkAbout04. Prop 218 PolicyNumber: BP 011 Authority: Board of Directors Effective: March 17, 2011 Revised: Reviewed: Initiating Dept. /Div.: Administration BOARD POLICY I / i www.centi-alsan.org POLICY FOR THE SUBMISSION AND TABULATION OF PROPOSITION 218 NOTICE PROTESTS PURPOSE The purpose of the Policy for the Submission and Tabulation of Proposition 218 Notice Protests is to clarify the District's process for handling protests of Proposition 218 Notices. POLICY This policy statement for handling protests establishes the criteria for handling written protests of fee and charge increases �sijsubject to the Proposition 218 notification requirements. According to Article XIIID 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 (Proposition 218 Notice) of a proposed increase in a fee or charge, submit a written protest to the proposed increased fee or charge. This policy was established to adopt more detailed guidelines for the submission and tabulation of the written protests. The validity of written protests that are signed by the owner or tenant would allow validation in the event of a challenge or suspected irregularity. Assembly Bill 2403 enacted in June 2014 amends Government Code section 53751 to ex and the definition of water to be "water from any source" thus subjecting recycled water to the notification and protest requirements of Proposition 218. The District has historically treated recycled water service as a voluntary agreement between the customer and the District. While the District continues to view this relationship as volunta property owners who could reasonably be served by the District's recycled water pipelines will receive notice of proposed rate increases and any recycled water rate increases will be subject to the Proposition 218 protest requirements. The General Manager will establish the criteria for determining which parcels may be "reasonably served" and may from time to time update the criteria. Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 2 of 3 Submittal of Protests 1. Any property owner and /or tenant of a parcel may submit a written protest to the Secretary of the District. 2. To be valid, a written protest must bear the signature of the record owner or tenant with respect to the property identified and may not have been altered by anyone who did not sign the protest. Each protest must identify the affected property by Assessor's Parcel Number or street address. 3 liis #rid rtr submitted at the peblio hfe1ar� Pretests FRay be d li vr�erim l de4:�= ^�fna- d,4ax- ,--��- Maii- W)TB2]. PFeferably, Mailed protests will nele -' the nntrnlr nn `c�eiPr�r SeNice Charge " B3]Protests must be received by the end of the public hearing. No postmarks will be accepted. 4. Only one protest will be counted per parcel. If a signed written protest is received from both the property owner and tenant, only one protest will be counted. If a parcel served by the District is owned by more than a single record owner, either or both owners may submit a protest, but only one protest will be counted per parcel and any one protest submitted in accordance with these rules will be sufficient to count as a protest for that property. 5. Any person who submits a protest may withdraw it by submitting to the Secretary of the District a writing requesting that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or tenant who submitted both the protest and the request that it be withdrawn. 6. The Board welcomes input from the community at any time, including during the public hearing on the proposed charges, but only written protests will be counted as formal protests. Other electronic means of communication which are not fully compliant with the signature and informational requirements set forth herein shall not be considered as valid protests. 7. To ensure transparency and accountability in the protest process, protests shall be maintained in confidence from their receipt until disclosure of the number of protests at the public hearing, at which time they shall become disclosable public records. Tabulation of Protests 1. The Secretary of the District shall determine the validity of all protests. The Secretary shall not accept as valid any protest if the Secretary determines that any of the following conditions exist: Number: BP 011 PROPOSITION 218 NOTICE PROTESTS Page 3 of 3 a. The protest does not identify a property currently receiving sewer service from served by the District or reasonably served by the District's recycled water pipeline ._ b. The protest does not bear a signature of a record owner or tenant of the parcel identified on the protest; C. The protest does not clearly state its opposition to the proposed charges; d. The protest was not received by the Secretary before the close of the public hearing on the fee increase; e. A request to withdraw a previously- submitted protest is received prior to the close of the public hearing on the proposed charge; f. The protest was altered by one other than the owner or tenant who signed it. 2. The Secretary of the District's decision that a protest is not valid or does not apply to a specific charge shall constitute a final action of the District and shall not be subject to any internal appeal. 3. A majority protest exists if written protests are timely submitted and not withdrawn by the record owners or tenants of a majority of the properties subject to the proposed charge.