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Adopt a resolution establishing guidelines for the submission and tabulation of protests in connection with rate hearings conducted pursuant to Article XIID, Section 6 of the California Constitution (Proposition 218)
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends the Board adopt a resolution establishing guidelines for the submission and tabulation of protests in connection with rate hearings conducted pursuant to Article XIID, Section 6 of the California Constitution (Proposition 218).
SUMMARY:
The Department of Resource Management is requesting that the Board of Supervisors adopt a resolution establishing formal guidelines for the submission, validation, and tabulation of written protests submitted in connection with public hearings conducted pursuant to Proposition 218.
Proposition 218 requires local agencies to conduct protest proceedings prior to adopting or increasing certain property-related fees or charges. While Article XIII D of the California Constitution mandates that written protests be considered, neither the Constitution nor the related statutory provisions prescribe all administrative details necessary to ensure a consistent and transparent tabulation process.
Adoption of standardized County procedures in advance of any future Proposition 218 hearings will promote fairness, clarity, uniformity and legal defensibility in the County's rate-setting process. The guidelines adopted by this resolution include rules governing notice delivery, protest submittal, validation, withdrawal, tabulation and majority protest determinations.
FINANCIAL IMPACT:
There is no fiscal impact associated with adopting the resolution. Local governments adopt Proposition 218 procedures in advance of the public hearing for transparency in the process and the County's compliance with California law. The costs associated with ...
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