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CC RESOLUTION 4689RESOLUTION NO. 4689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO ESTABLISHING PROCEDURES FOR INCREASING WATER, SOLID WASTE AND WASTEWATER FEES IN ACCORDANCE WITH THE REQUIREMENTS OF PROPOSITION 218 The Council of the City of El Segundo does. resolve as follows: SECTION 1: The City Council finds and declares as follows: A. On July 24, 2006, the California Supreme Court confirmed that charges for water, solid waste and wastewater services are subject to Proposition 218 procedures (Bighorn- Desert View Water Agency v. Verjil (2006) 39 Cal.4" 205); B. The City Council anticipates that there will be potential future imposition of fees or increases in water, solid waste, and wastewater rates. Adopting the policies and procedures set forth in this Resolution will help implement the requirements set forth in Article XIIID of the California Constitution and help ensure that the rights of those persons that are authorized to protest service charges are preserved; C. Elections Code § 4000(c)(9) provides that any protest ballot proceeding required or authorized by California Constitution Articles XIIIC or XIIID may be conducted wholly by mail. In the event a protest ballot process is required, the City Council seeks to achieve higher awareness of those affected by the proposed increase, provide an orderly protest process for both those receiving the ballots and the City, insure to the extent practicable that there is some verification process regarding the protests received, and to reduce the costs of the protest ballot process; and D. Adopting this Resolution is in the public interest for the reasons set forth above and as further stated within Article XIIID and the Proposition 218 and state legislation relating to the implementation of Proposition 218. SECTION 2: The City Council adopts the procedures set forth in this Resolution for conducting all proceedings required by California Constitution Article XIIID for utility fee (as defined below) increases. Where no specific procedures are imposed by Article XIIID or the Proposition 218 Omnibus Implementation Act (Government Code §§ 53750, et seq.), the procedures set forth in this Resolution apply. This Resolution may be referred to as the "Proposition 218 Protest Proceedings Resolution" and shall amend and supersede Resolution No. 4613 SECTION 3: Definitions. Unless the contrary is stated or clearly appears from the Page 1 of 6 context, the following definitions govern the construction of the words and phrases used in this Resolution. Words and phrases not defined by this chapter will have the meaning set forth in California Constitution Article XIIID or the Proposition 218 Omnibus Implementation Act. A. "Act" means the Proposition 218 Omnibus Implementation Act found at Government Code §§ 53750, et seq.; B. "Article 131)" means California Constitution Article XIIID, § 6; C. "Manager" means the City Manager or designee; D. "Property owner" has the same meaning set forth in Article 13D and also pursuant to the Act includes tenancies of real property where tenants are directly liable to pay the proposed water, solid waste, or wastewater fee or charge; E. "Protest" means a written protest filed with the City Clerk in accordance with Article 13D, the Act, and this Resolution as described in Article 13D, § 6(a)(2); F. "Utility fee" means a fee or charge imposed for water, solid waste, or wastewater services provided to customers in accordance with the El Segundo Municipal Code ( "ESMC "), and other applicable law, by the City of El Segundo; SECTION 4. Administration of Proceedings. The City Manager, or designee, is authorized to implement this Resolution in a manner consistent with the California Constitution and other applicable law. SECTION 5. Notice. Notice of a proposed utility fee increase is provided as follows: A. In general, the City will identify the record property owner(s) of each parcel to which the utility fee would be applied from it's billing system database and /or the latest equalized tax roll produced by Los Angeles County. The City's Utility Billing database and the equalized tax roll is presumptive evidence of ownership of the land for voting purposes. B. If either the City's Utility Billing Database or Los Angeles County Recorder's website shows that more than one property owner has an interest in a parcel, all property owners (each property owner) must receive notice at the address shown for the property owner. Both property owners and parties financially responsible for paying the fee will be provided notice. In the event that a notice is being sent for a service that the City is not currently charging any fee for, the notices shall be sent to the property owner based upon the Los Angeles County Recorder's website and to the street address to Page 2 of 6 which the service will be provided if the address is different than the address designated for the property owner on the Los Angeles County Recorder's website. C. The notice must be sent by first class mail at least forty -five (45) days before the date set for the public hearing on the utility fee. D. The form of the notice of hearing will be approved by the City Council and be on file with the City Clerk. E. The notice provided by these procedures, in accordance with Article 13D, supersedes and is in lieu of notice required by any other statutes to levy or increase a utility fee. F. The City Clerk, or designee, may certify the proper mailing of notices by an affidavit which constitutes conclusive proof of mailing in the absence of fraud. G. Failure of any person to receive notice does not invalidate the proceedings. SECTION 6. Protests against Utility Fee Increases. A. The property owner(s) of parcels subject to the proposed fee increase are entitled to a single protest for each parcel. 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 is presumed to have authority to cast a protest on behalf of such parcel. B. If the owner(s) of the property desire to designate a particular owner as the person authorized to cast the protest for such parcel, they may file with the City Clerk, at any time before 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 Los Angeles County Recorder's Office. C. Executors, administrators, and guardians may cast a protest 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 establishes the right of such representative(s) to cast a protest. If such representatives are not shown on the latest assessment roll, the representatives may file with the City Clerk, at any time before 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. D. The protest of any public or quasi - public corporation, private corporation, or Page 3 of 6 unincorporated association may be signed by any person so authorized in writing by the board of directors or trustees or other managing body thereof. E. The Manager is designated as the voting representative with respect to City - owned property. F. In any case where the documentation provided to the City Clerk in is ambiguous or unclear, the City Attorney will determine whether the documentation is adequate for the purpose provided. G. In the event a property owner loses or misplaces a protest ballot, upon request by the property owner the City will send by first class mail a replacement protest ballot unless a properly filled out protest ballot has already been received for the parcel of property. SECTION 7. Public Hearing. A. Only protest ballots that (i) were provided by the City to the property owner in the form approved by the Council and (ii) are properly filled out and legibly signed by an eligible property owner is made will be counted as a valid protest. Only one protest shall be counted for each parcel of property regardless of the number of protests filed by property owners for the parcel. B. The City Clerk must stamp each written protest the date and time it is filed with the City Clerk for purposes of establishing whether the protest was filed before 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 can 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. C. At the time and place fixed for the hearing, or at any time to which the hearing is adjourned, the Council must: Hear all persons interested in the matter of the proposed fee increase; 2. Hear all objections, protests or other written communications from any owner of property subject to the proposed utility fee; and 3. Take and receive oral and documentary evidence pertaining to the proposed fee increase. Page 4 of 6 4. The hearing may be continued from time to time, as the Council determines necessary to complete its consideration of the proposed fee increase. 5. If the Council determines, at the close of the public testimony portion of the public hearing, that votes were received from property owners representing a majority of the parcels subject to the proposed fee increase, the Council shall adopt a resolution setting forth the results of the protest ballot process and the proceedings shall then be closed and the utility fee cannot be approved by the City Council. 6. If the Council determines at the close of the public testimony portion of the public hearing that written protests were not received from property owners representing a majority of the parcels subject to the proposed utility fee, the Council shall adopt a resolution setting forth the results of the protest ballot process and then may by Ordinance change the utility fee so long as in an amount that does exceed the amount and methodology set forth in the public notices sent to the property owners. SECTION 8. Environmental Review. This Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to implement government funding mechanisms; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a "project" that requires environmental review (,see specifically 14 CCR § 15378(b)(4 -5)). SECTION 9. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable. SECTION 10. Repeal of any provision of the El Segundo Municipal Code, or other Resolution, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution. SECTION 11. The City Clerk is directed to certify the passage and adoption of this Page 5 of 6 Resolution; and cause it to be entered into the City of El Segundo's book of original Resolutions. This Resolution will take effect immediately day following its final passage and adoption. PASSED AND ADOPTED this 19th day of October 2 2010. usch, ayor ATTEST: G Cindy Mort en, City Clerk APPROVED AS TO FORM Mark Aensley, City Attorney Page 6 of 6