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Home My WebLink AboutSupplemental - Government Code Section 53753,.+»»...,w..r. -CCrm. J0.RNAL- ...»,.,.»..».»..».+ DATE SEP -12-2201 *».,» TRE 15:48 ... P.01 MODE - MEMORYTRANSMISSICN START -SP -12 15:40 END -SEP -12 15!4B FI -E NO, 226 STN N'_. COM ABW N0. STOTION NAMEiTEL.NO. PATES IX TION 201 Dr 6 011,011 20:07.26' -CITY CF SEAL BEACH - ........... .......r•...»........ v».. -SEAL BEACH CIT' - .-r-. - 562 471 4060- ......... FAX TO: FAX NCMBER: <_-. /fir/ FROM /oRESPOND TO: ' AGENCY / DEPARTMENT: TOTAL NUMBER OF PAGES: COMMENTS: CITY OF SEAL BEACH Fax Number: (562) 421-4067 Telophote Number: (562) 431-2527 FROM MARTIN CHAPMAN CO FAX NO.t MARTIN 8 CHAPMAN CO. • ` 1951 WRIGHT CIRCLE ANAHEIM CA 92AM Phone Fa Email. Web:w .martmehapman.com To: Joanne Veo I Seal Beach Calendar for March Government Code Section 53753 Article 130 More Government Code related sections Till tomorrow ... • ELECTIONS Fro.n: Ston Martin Date: September 11. 2001 12 pages SEP -11-2001 17:49 7149399870 P.01 FROM% MRNTIN CMRPMPN CO IHh No.: Ir— e=II GENERAL LAW CITIES GENERAL OR SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE COUNTY TUESDAY, MARCH 5, 2002 (Based on Election Laws Passed thru 12/31/00) September 26. 2001 SUGOESTED LAST DAY TO FILE PETITIONS REGARDING MEASURE IE -16171 E - 127) October 29 SUGGESTED UST DAY FOR COUNCIL TO ADOPT RESOLUTIONS (E _ 127 10 113) October 29 -November 12 PUBLISH N0710E OF ELECTION LAST DAY TO ADOPT REGULATIONS FOR CANDIDATES STATEMENTS (E _ _ 120)10 68) November s November 12- OCCemoef 7 FILING PCm oo FOR NOMINATION PAPERS CALL ELECTION FOR BALLOT MEASURES E - 119) November 16 SUGGESTED LAST DAY TO LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENT - MEASURES PUBLISH NOTICE OF ELECTION- MEASURE. No CANDIDATES (E - 109) November 16 POST NOTICE OF DEADLINE FOA FILING ARGUMENTS (E - 98) November 27 SUGGESTED LAST OAYTO FILE ARGUMENTS (E-88) December 7 LAST DAY TO CALL ELECTION FOR BALLOT MEASURES E - 88) December 7 SUGGESTED LAST DAY To FILE REBUTTAL ARGUMENTS (E _ 881 December 7 LAST DAY TO FILE NOMINATION PAPERS (E - 83) December 12 LAST DAY TO FILE NOMINATION PAPERS - EXTENSION SECRETARYOF STATE TO DETERMINE ORDER OF NAMES ON BALLOT (E=82 December 13 December 20 CANCEL ELECTION –INSUFFICIENT CANDIDATES 75) (E-57 to 14) January 7–F9bruary l9 FILING PERIOD FOR WRAEIN CANDIDATE CAMPAIGN EXPENDITURE STATEMENTS E-40) �E January 24 LAST DAY TO FILE VOTERS MAY REOUEST ABSENTEE BALLOTS – 29 to 7) February 4 – February 28 (E– 15) February 18 LAST DAY TO REGISTER TO VOTE FILE CAMPAIGN EXPENDITURE STATEMENTS (E – 12) February 21 LAST DAY TO LAST DAY FOR CLERK TO PUBLISH NOTICE OF NOMINEES (E-7) (E-6 to E) February 26 February 27 - March 5 EMERGENCY ASSENT VOTING PERIOD DAY FOA COUNCIL To ADOPTPROCEDURE$iORESOLVETIEV07E 1e-11 Match March 5 LAST ELECTION DAY (E) LAST DAY TO INSTALL NEWLY ELECTED MAYOR. COUNGLMEMeER. ETD. (E A 28 7) April 9 LAST DAY TO FILE STATEMENT Of ECONOMIC INTERESTS AP6118 LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENTS July 31, 2002 LAST DAYTO SUBMITREPORTON MEASUAESTO SECRETARY OF STATE Apnl 1, 2003 VISA OUR WEBSITE AT www m Mnchn man Com Eman a' acallOmanincna n Com MARnw i CNAPMAN Ce. 1951 W HENT GAOL[ ANAMFAM. Cw 92806-5029 IF 7141B3i8866 ♦FAX ]I49a¢9970 SEP -11-2001 1749 7:49399872 P.02 FRO": HRRTIH CHAPMAN CO FAX NO.: II aYYera GENERAL LAw CITIES GENERAL OR SPECIAL MUNICIPAL ELECTION TUESDAV, MARCH 5, 2002 INDEX AND CHECK LIST SUGGESTED Ac'full FORM ACTION DATE DATE No. ITEM 1 Letter' Purchase of Ballots to M&C Mail Mail By 10/29 Y 10129 Return information fact sheet to MBC Adopt By 10!29 2A Resolution: County Services Adopt By 10/29 3A Resolution: Calling Election Two copies of 2 to Bd. of Supervisors Mail As Adopted As Adopted Copy of 2. 3 and 7 to Co, Elections Department it Mall Letter: Indices and Supplies to Co. Mall AS Adopted Copies Of ALL resolutions 10 MSC 4 Resolution: Rebunal Arguments - optional, gtloDt Same as 3 but if adopted MUST be Same as 3 5 ResolutionAtuments - optional, but if be same as 3 Ado III Same as 3 1 t15 adopted, SHOULD Adopt 6 Resolution: Policy on Cand. State. following General Law By 7 Resolution no longer required for cities By 113 City Clerk appoints EO B PP Places IHcp.) B Consolidations 1d MBC mail g 113 As Complete Polling Send EO Addresses B Zip Codes to Mill Mail By 314 8 Resolution: Canvass by Clerk - optional Adopt Post Same as 3 9 Notice: Filing Date for Arguments To Authors As required 10 Form of Statement: Arguments Analysis, arguments, rebuttals, to MBC Mail publicfVPost As received 10/29 to 11/12 11 NOTICE: Election, Candidates B Measure Check As received Nomination Petition signatures Candaate names B designations to MBC Mail By 12A or 12/12 As Receivetl Cantlidates Statements to M 8 C Mad Mail As Received Rebuttals to M & C Nominees for Public Office PublSNPOSI By 2126 12 Notice: List Of precinct consolidations Mail By 113 to county elections department Deliver By 1R4 Check 10 Postmaster for Postage Publish/Post By 2126 13 Notice: EO B PP Mail By 2118 EC Appt. Forms B instructions publish By 2123 14 Notice Central Counting Place Notice' Absent Voter Canvass Board Post gY E/2P By 314 15 NOTICE to Insp. of Absent Voters Deliver By 315 Compare Absent Voter signatures To Council 3119 16 Clerk's Certificate of Canvass Adopt 3119 17A Resolution: Declaring Result of Election Resolution: Estabkshmg Speaal Runoff By 314 --'— 18 Adopt Election 19 Resolution: Calling for Special Runoff Adopt 3119 ElectionTo 20 Certificate. Insufficient Nominees Council Publish By 12115 By 12/15 21 Notice Insufficient Nominees Appotntmentto Office Adopt By 12120 22 Resolution: 23 Resolution: Initiative Filing Fee Adopt 24 Application to View Voter Registration Information SEP -11-2001 1749 7149399870 P.03 FROM: hRRTIN 2001 Calitoin,a Elechons Manua' GOVERNMENT CODE AD 2214 CHAPTER 89 to This would require the alhdavd of registration card 10 , card a splice ire Me Idto Adnt s he reg sta or ~ her e -mad address, J any. The adrdevlf of regrstrafbn call would be required r f advise the registrant an a - that no person may be denied the right to register vote because of his or her failure ro lumish an e- mail address This would include a Person s e-mail address within the moorma mil that may remam conoden0e 6254.4. Voter registration information; Confidentially. (a) The home address, telephone number, e-mail address, precinct number, or other number Specified by the Secretary of State for voter registration purposes. and prior registration information shown on he voter registration card for all registered voters is confidential, and Shan not be disclosed to any person, except pursuant to Section 2194 of the Elections Code. (b) For purposes of this section. "home address' means Street address Only, and does not include an Individual's city or post office address. of The California driver's license number or California Identification card number shown on a voter registration card of a registered voter is confidential and shall not be dlsclos `(Atmend d by Slats 2000 c 69) 591477 CHAPTER 220 This requires (liar each assessment ballot be in a tonn that conceals its contents once it IS sealed by the person submitting one ballor. It also requires generally that ell assessment ballots remain sealed until the tabulation of ballots following the public heanng. It would require the tabulation of ballots to be conducted by an impamal person designated by the agency who does not have a vested Miami In on, outcome or Me acsessmen6 and would treated as dsc)ossble Public records Irequire the assessmentnspection by one proponents and thlots to ee opponents of the proposed asses me say avBilaDle for 4 (Prop 2ta revision) 53753. Notice, Protest, and hearing requirements. osed by itis section supersede any statutory (a) The notice, protest, and hearing requirements imp provisions applicable to the levy of a new or increased assessment that is existence on the effective dale of this section, whether or not that provision Is in conflict with this article. Any agency that complies with the notice, protest. and hearing requirements of this section shall not be requiredto complywith anyoher statutory notice'potest, and hating reqirementsassessmrent, with hese c ptionuof Dins oo a.5lcomme c,mg with Sectioat would otherwise be n 3100)le to hof Ithe Streets and evy of a new or increased Highways Code. If the requirements of that division apply to the levy of a new or increased assessment, the levying agency shall comply with the notice, protest, and hearing requirements •mposed by this section as well as with the requirements of that division (b) Prior to levying a new or Increased assessment, or an existing assessment that IS subject to the procedures and approval process set bin in Section 4 of Article %IIID of he California Constitution. an agency shall give notice by mad 10 the record bWnat of each identified parcel Each notice shall include the total amount of the proposed assessment chargeable to the entire district, the amount chargeable to the record owners parcel, the duration of the payments, the reason for the assessment and the Das is upon hearing the amount of the proposed assessment was calculated, and the date, time, and location of a public ng o on ine proposed assessment. Each notice shall also include, in a conspicuous place hereon. a summary of the procedures for the completion, return, and tabulation of the assessment ballots required pursuant 10 subdivision (c), including a statement that the assessment shall not be imposed a the ballots submitted m opposition to the assessment exceed he ballots submitted in fated vor of the assessment,awith ballotsweighted by mail at a eastaccording to the 45 days prior to the datportional e oancial obligation f the public hearing upothe n the proposed assessment, 9 Minn of Chapin CO''951 Wnihl Omit- Anahelm. Griom,a 92aoe-0020 `929.98 ao 711 09,9870 fIOrzf`Q=1 emLl emsf .,man Wm L.17 SEP -11-2001 17:50 7149399870 P.04 2001 Cifil ie Elections Manual (c) Each notice given pursuant to subdivision (b) shall contain an assessment ballot that Includes the agencys address for receipt of the form and a place where the person returning the assessment ballot may indicate his or her name, a reasonable identification of the parcel, and his or her support Or Opposition to the proposed assessment. Each assessment ballot shall be in a form that conceals its cOMenle once r aile or by the person submit the assessment ballot Each assessment ballot shall be signed and either mailed or otherwlse delivered to the address indicated on the assessment ballot Regardless of the method of delivery. all assessment ballots shall be received at the address Indicated, or the site of the public testimony, In Order 10 be Included In the tabulation of a majority protest pursuant to subdivision (e). Assessment ballots shall remain sealed until the tabulation of ballots pursuant to subdivision (e) commences, provided that an assessment ballot may be submitted, Or changed. or withdrawn by the person who submitted the ballot poor to the conclusion of the public testimony on the proposed assessment at the hearing required pursuant to su ism rn en to agency may provide an agency prior envelope the tabulation of ballots pursuant toor the return of the assessment lsubdms oo (e)atheth closed envelope Is opened by the agency p assessment ballot shall remain sealed as provided in this section. (d) At the time data. and pla0e stated in the notice mailed pursuant t0 subdivision (b), the agency shell conduct a public hearing upon line proposed assessment. At the public hearing, the agency shall consider all Objections or protests, if any, to theproposed assessment At the public hearing, any interested person shall be permitted to present written or oral testimony. The public hearing may be continued from time to time (e) (1) At the conclusion of the public hearing conducted pursuant to subdivision (d). WA-a9ensyan impartial person, Including, but not limited to, the clerk of the agency, designated by the agency who does not have a vested interest in the outcome of the proposed assessment shall tabulate the assessment ballots submitti and not w,thdrawn, in support of or opposition to the proposed assessment. The agency impartial person may use technological methods of tabulating the assessment ballots, including, but not limited lo, punehcard or optically readable (bar-coded) assessment ballots. During and after the tabulation, the assessment ballots shall be treated as disclosable public records, as defined In Section 6252, and' equally available for Inspection by the proponents and the opponents of the proposed assessment. In the event that more than one of the record owners of an identified parcel submits an assessment ballot, the amount of the proposed assessment to be imposed upon the identified parcel shall be allocated 10 each ballot submitted in proportion to the respective record ownership interests or, if the ownership interests are not shown on the record as established to the satisfaction of the agency by documentation provided by those record owners. (2) A majority protest exists It the assessment ballots submitted• and not withdrawn, In OPPo%nl0n to the proposed assessment exceed the assessment ballots submitted, and not withdrawn. In Its favor, weighting those assessment ballots by the amount of the proposed assessment to be Imposed upon the Identified parcel for which each assessment ballot was submitted. (3) It there is a majority protest against the imposition of a new assessment, or the extension of an existing assessment, or an Increase in an existing assessment, the agency shall not impose, extend, or Increase the assessment. (4) The majority protest proceedings described in this subdivision shall not constitute an election or voting for purposes of Article II of the California Constitution or Of the California Elections Code. (Amended by Slats 2000 c 220) \ MaMn & Chap,nan Co,' 1951 wr19ht dMle' snanalm. Caft9ma 92608.6111 *71a939'9086 - Fa. 711-939 9970 lmaa`naaaLS.9m .e6xK.+.-u man•vnnDman atm ow -204W L - 16 SEP -11-2001 17:50 '7149799870 P.05 FPon) MARTIN CXPPn PN CO FAX No.: 1109399C1- Art. 13D, 9 � N �{ CONSTITUTION I Historical Note$ .I 'g r r9%l.Ad,fi on dmrt tide. fmAriz and deehratlom. rad gbenl ic., L I etmr4on aro seswrabilny ywvw,ona vbYna to fte3C. 1 1. eon 216. sae HiStoriul Nous nder Coast. Art. 13C, f 1. )4YlC6 If DebLn$ I Yreexiatleg anenmrn4 1 Pored by an sup -"- repel and received • weighted I ma)ontY you of .eine. N du affected Propsny s a mW Jeetwa w» e eperial lar. provided a recoved A rw- wuds vote of the $--'d ekoorau: however uNeSs I rvesiating Astarmenis either pmpernv r...thO lred sur eaemPt• A psee!dsun[ YreeustinL Asseasmen[ which u not exempt Goin rc as,amoRt a. unvu4mtioral Howard Jervis Taxpayers C. 4 'Xi c me of Rnpm^on 219 msy M nt. a aoruedbYY Nm v Cty of Rew,Nde (App. a Cast 1999) 86 Cal. M uspayer sonsem u N al bene6ten reewr rt. o u,p. Rpt.2d 692.13 CaLApPAth 6R9. rmew fled PmpowYm, Rltl'r "apse t,« 9 s p w. d ssmenmi pramdures and requirements levy See, a. Procedures and Requirements for All AssessmenLc. ls) An agency which proposes to Ic an J R'..Anenl shall identify AD panels which will have a special at confevad upon them and upon which n Assessment will be imposed. The proportionate special benefit denved by each identified parcel ,W be determined in relationship to the entiretyof the capita cost of a public improvement. the maintaamN9 and Mi,imunn expenses of a public improvement, or the cost of the property related service !a being prv+ided. No aAsAsart!ent shag be imposed on any parcel which exceeds the reasonable cost of the a Proportional xImo,i benefit conferred on that Partrl. ONY special benefid are ssseuable, and an agency ,haLL separate the general benefits from the special benefits conferred on a parcel. Parcels within A i ,q distrid that are owned or used by any agency, the Stats of C-ld— Ar the United Sures shall not be a exempt 6om Asuasment uadssS the agency can demonstrate by ties, nd convblcinR evidence that those publicly owned parcel, in feet receive no special benefit re (b) ata assessments shag be supported by a detailed engineer's report prepared by a registered professional engineer certified by the Sum of California. tel The amount of the proposed assessment for each Identified parcel shall he calculated and rite retard !r• owm) h each parrot shall be given written notice by mail of the proposed assessment, the total mount thereof chargeable W the wove district, the amount rhar[eable m the mailer's particular par cel, the ed duration of the payments. the recon for the assessment and the bans upon whish the mount of the us proposed assessment was calculated. together with the date, rime. And Iomuon of a public hearing on the proposed assessment. Each notice shall also include, in a COWpimous place thereon, a summary of the ! procedures appliable W the completion, return. and tabulation of the ballots required Puraunt to subdivision (d). including a disclosure statement that the a ounce of a majority protist As defined in will re subdivision (e), sult ;n the assessment not being impose Id) Each notice mailed to owners of identified Parcels within the district pursuant m subdivision u) shall wntam A ballot which include. the Agency's address for receipt of the haflot once completed by any owner ,crowing the notice whereby the owner may Indicate hits or her name, reasonable identification of the parcel, and his or her support m opposition to the proposed assessment. (e) The agency ebaR conduct . public Miring upon the proposed assessment ant less than ei days after mailing the notice of the proposed Assessment to record owners of each identified parcel. At the public hearing. the Agency shall consider all protests against the proposed p,rcassaest. A And tabulate the bob.m. The agency Shall not impure An Assessment J theft is a majority protest. A majority Drolest rues it, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the or hallow submitted in favor of the assessment. In tabulating the ballots. the ballots shag he wed of accordul[ ta the proportional financial obligation of the affected property. (fi In ray IegJ action mnusting the validitynO q111!uestionereceive a De=1 bessment. the burden nefit be rn nd abwe&gotyt demonxtrau Nwt the proper[, prop benefits conferred n the public at large nd that the amount at'say Cwmam aAsnt s proportion W, rad no greater than. the benefits conferred on the property sur properties question. (g) Bemuse only special benefits ars aasrssable. elecu es residing within the district who do not own Prol+rty within the district shall not be deemed under this Constitution m have been depraved of the right to vote for any "S ament. If a court determines that the CAItSnt d unless on of a United d by a states, or other federal is,, requires othe^^ae. the assessment shall not be impo a by the property owners ss led thirds you of the electorate in the district in addition to being PP med required by subdivision (e). (Added by Initiative Measure (Prop. 219. 9 L aPP%9 Nov. 5. 19%).) SEP -11-2001 17:51 7149399870 P.06 FRrr; rARTIN CHRPnRN Co ArL 13D, 4 4 Hittorirnl Notes its, Legislation Shen title. 6ndmga and dceluxua.L ad 6bera coin etrvcbw and severaautylooviuon. edaun6 to Ptoposi. um EI& see Hbronal Naw under Corot Art Ise. 4 1. LibrerY Rtfercnac. I Leel Junaprodantn Cm Jin M Coat 1 176: Prop Tu 4 a'. Pub improv 4f S. to, Z2 N„b. of Detlboria PtawbW 1 pn,axiatinR waamenu 4 Qurnbn.dlnw 2 Revive 1 NatK ditlriM rtondbT.hKRt 6 L low, of flat dumet'e right under eww cenaambm w key and crd s . waS onto without voter xp a of attar. apart a ,Vocal o vas, nut mooted by anum; approved saw r✓ b %mount d . perd.9 levied (ar upcamxg a..F ,. P while matter was Pending to loped. v, H ward June TiquIn' Aes'n IAPP6 Di�et�19581'fA Ca.R,mild age, 63 CJ ApPath EI1. 2 clwatwoe of 1.w Vsbduy of fire duthe. saseammt for uKDROar W-1 Yea made by no,luuen under peemsuog ordwon." wear amhout approvd an" power of -Um,e requtrbg vote, +pp oxo, at cewbeen to levy and tawtan of w amemenrs "—Mod gwoma of low. Consolidated Flm Preectan Wt, of L✓ Mgel.. County v. Howard Jarvis Tax" yet , Mein (APD [ Dbt. 1998) Td C21.Rpv2d 596, 6a aU4PP--4th 211. a. PwadlnRa Retuaft to aiowentu, enamor, a on, ted volefixton Coon- - plaint ager lar W g' flat iNpaave motoem on osxaemant mNout .'otex aP CONSTITUTION proal wpaued ebagaCon of t -amts. w not atax d duvt1tot Mery "Pte' amendment ceuld rot have alleged cegnuablI mnvKtuJ reutiom Ih4could hams, coneobdand %voided subsequent Judgment m Pleadme+ Fut Protemm Dist. of Los 2 ,,,, Coca t c.l Rperdd Jarvis Taxpaven' Assn (App. Safi. W CJ.Appath 211. 4. Preexisting .✓eeammto pr.adating testa ment which u eat exempt froas ad by yuucmeres of prowdaon 216 mry taapayer ',nat an aa ate, selament, provided it by Propoamon 21a'a "-wort bmdt' rcquutmen4 .. sup ported by an affinete, report, and received . wgbted >,tarity, vow of owners of the dirtied property in .'nail election. or ss a .Poelal txv, provided it rmnved •two- ,Abdo veto of un aaaeral electorate; however. palms either properly reautbwimd or eampL . prewultrl arwasmmt u wromtiaborul. HowardJ 19991 68 Co' Atom. v. City of Riven l.67Bvrtwe Dlat I Rpv2d 592-73 CaI App. S. Witter district elandbf Clear -net w .uvdby M..'ai weer dtor cu may pw.noon w charges .t meressed raw oWtr cat providin ah.rgo h xlewrwn and obtaudng v approve despite the'PemRGa,n of Ne arreued rate m A Ptevd. quseebm end approval by the report dWbct' nwadthe of voduenors on, to November 6, 1996 82 Ops.Atly Car 36's -lo"" 4 5. Effaotive date of ardclel assessment, exampled from procedures and requirements of Section 4 Sec. 5. ERettive Dow. Pursuant w subdivision rel of $cation hq of a p,o ido the Demslons of tI. his article shit become effective Jun Soy afar the ell comply wi hrt ie<his �ccll'e ad Nolw,Nstandmg�he 1997, all existing. new, or intepssed aasesamenta shall comply foregoing, the following sesessmenw existing on the effective date of this nude shall be exempt from the procedures and spprwxl promex set forth in Section 4: ration Ul Any on"buo rat imposed exclusively to finance the txDital costs or maumrwnaee vecd rpeonvol. exDetlses,(oj sidewalks, SVgeta sewers, waver, hood control, drainage Y reseal meas set Subsequent tnceex'" cal spVa6exxmenw shall be subject w the procedures and apD D forth in Section 4. all d the Dareelx ibl My afeassment unposed Dprsuant to a petition signed by the permms owning subject W the sastoanlent at the time the a94t9mment ,s initially imposed. Sun Squint e,bsequent aeuts in such aasesoments shall be subject w the procedures and approval p (cj Any asvmament the proceeds of which are exclusively used to repay banded indebtedness of which the failure to pay would violate the Convam lmpmmnnt Clause of he Constitution of the IjNwd Staves. (d) Any assessment which previously received majorrittye seer approval asfrom roymthe otersbe .ttitug in w an election on the issue of the ssaeeamenl. Subsequent the procedures and approval process set forth in Section 4. (Added by Tnitisttve Measure (Prop. 218. 4 4, approved Nov. 5, 1996)) CONSTITUTION 1996 Lerubstion bion our. tmomgs and derar• to 1tu.. and eevarabi ity Pro.i'o per. Elk sae Humnaal Now, wdt ExP✓t opinion tostimonr T Femora 6 pleading 3 YurwK i Qua nn. on.. P ae✓oannablene✓ of se"remento of ...'o-M.RrxutlwrlaKinn to R'..w t tvabr dY4ios .undbr thwevo f. poK ExeMmplmn to Iwimtica m w Pnpmmnn 211 wh1ch applies m exclusively w 8nanm capital cost aparauw %spate[% to, ndeweik,. Reod centro[ drainage Meow, u.odcd to carve out eu.PD. fo, ate, namMurve woew use✓an at e.yers ma. v. City of RlveeJde C41 RptrPd 592.15 CJ.APP4N 67 1 Review Inue of fire dutnc,'. tight and levy and collect asexa mento with +Yam It eedware wa6 not mo,u .npawad'pena) tax a onewl o ..'taming foal rear while matter C,mobmwd Fav Protective Dut Howard Jarvis TaxpaYe"' Ass" fil.RPte2d M.65 CJ.Aro.4th 21 !. Quat on, of cow Issue of whether prolactinr M urre eatelp, from hmuaanns on 11r1'Pm1tu.n 21A pn✓Mad a par cud Jam, Taxpayers Alan v Ci Drat. 1'YA, se CJ.Rp r.2d 692. 73 fdvd. Vaubty of fire pit uxt a ✓seem •eco..Wr by read... uMer vtmout voter approval afar Paseo • e r ayprvnwl m modnlon to it .meat.'We'.d overuon of Yrs armor that. of Lot Mpe", t i.aKvvri A e. IAPV. 2 Drst. 1'. .d til APD tth 111. Ykadrn[a 1. Hnhrvd to allow Rte duWd't Pwmt after judgmem on plead., ,h,n Initiathe d 61MIrng exaseOf ynni imwuea , ai[atipt d eco do here u where rt.W t amt a.IPRM <nPnmAhle mnVKtaJ r I' uncal euas.qurnt ludgt✓nt tie' 4 h. New" existing Inas, Sce. 6Prvperty Related M abenr>' shall follow the charge as del'med 11YrJuanl u :11 The puce{., nfwn whict of the fee or chug• prupwl SEP -11-2001 17:52 7149399870 P.O? FROM: I nRR1IR ChRPnAN CO CONSnWrION Fox NO.: r1.YJYYtl.a Histauml Nuts 'm Laei.larion Fier, title. Endings and dnluatmas, and Lberal con- struction and severabary pnoeae. relating W Prupxx- wo 218, sss Hutonu) Noted under Coast Art. 13C. 4 1. Notes of Deciainoa gaper opinion xetlmony 7 ration 6 Pleadings 3 Purpose 1 t ho'sfaonaof la. 3 geawnahwners of ...,,gong i R.vNion of aNtNmNN pa,ox,- 1 Water diNnd standby charged 8 1. purpose E..M,U.n ce wmntbas on asewmenu created by IRapossuon 218 whah ippus. to Naeaamentr Impeded "hirroaty m MvRP uoiw Mara or maYlwaLwe and operation expenses fm side..lb. ween. rawest. Falal. good IonuoL drainage Iyatrme, a vNnr ecoti won mended to carve out enpeptem, for tradruslaRy aPPsoPA- ne, nonabashe spAW wooRermnta. Howard Ja Te:- peven Aon. v. City of Rneroode (App. 9 Dist. IMI 86 Cd Rpar2d 692.:3 C.LyepAU, 919. ,evil- NM 1. Re.1aie Issue of Are datnn's light ander rare connnuruan n law and tal,d NwwINnV .inset ,owr appvavd ;MM marc in ardmant<.. not mooted 1y passage of voter - approved rearvl rax in ..an, of arwwemvnt lm d for uptomung MN .ear .hila matter .ss ponders on appeal. Ce ... Ed.W Fut Pntecti Dor. d Los Angelo. County , Howard Jarvis TAxpavers AN'n (App. 2 Dat. IM 72 Cil.11pur2d SM. A7 CalApp.sn 211. 2. Q.I.Uws of caw Isere of -hens, preaustalf wtnenghung aasessmene vert exempt from limitations on aex,nments treated M' P'."'iuon 2113 m4e,di is pears p.,tmn of la. Hire - .d Jan,, Taxps,rn Man e. Otv of Riverside eApp w 1b, t WNi r6 CJ.Rinr.2d 69x. 7 Ca1.AVVAn 679, mil. filed valed:ty of bre diacrion i sswnment for upwm'nr Pon] sex. made by remluuon under preexisting urethawe ,,bra, vaarvpproval Mer pawesc of w,%w,,, rcco u ring rmrcapprwd w condib0n to Ion and I.U..n of ", eernrenu Prentmnl question of (ax. GwuuLJawd roe Pro[ectwr. D.I. of Los Mrdaa counp',. Roe ad Janis T-.vavers Als o (APP 2 Dasa I"" Z C" filo r2d Saw. V ('..APO Ith 211 3. Pleadings Refv.I to uMw Ne diens to amend •abdannn ram. paint after judgment an pleadingsm attempt to sbnx that motion, n,agdatmg arseasm rat .d(buut rotar cep pans) impvred obligation of'antras,. as, gat show of dammmn, -here attemai amendment souk enc Net al.'"rih mmNe taraxcud relations net coder have sr*Md emxaequent lvdam%mt an Piesdinga COnFibohned Art. 13D, ¢ 6 Fire I'rvuxican Dist. of Lm Mellen County v. H. -Red Jarvis Taxpayers' Nn'n (AVP.2 DOL 1998)'13 CJ.RpV2d SM 6a C"PAU, 211. w. Msunoriwtion of uNwmmn premmhng Nses,,nt .hide m not exempt tram re- aui m,waa of Pr,Maodon 216 may be reauthorfasd by to pays w'uen, as an araeawenL provided it meets Proposition 216's "special bmefd" requirement a sup ported by an cngbwa's rapers, and leaned a weighted majunty •ow of owners of the affected noWny in a mall vases, or ac a apseeal tis, pn.idad , xResa vi a An, thirds vote of the pared iihoo rate: haweva. uolees eine, womb rcsunadsed or sump'. a prxuling aesaeammt u mearstimtionaL HPward Danz Tenquyere Awn. v. City of Rsvenwide, (App. w Let 1919) 86 Cal, liptr2d 692. 73 CaV.ppan 1379, rros-e filed. S. Reasonableness. of nxawnente pAaa,ing a ress,ghung ulesmwnu vert imposed exdus,N to finance ex itJ Iowa, or mansetnnu and operation expenses for city's 4dewalks and etxe4 and van nsson.bly heirs ary to opmatwn of rdsaalke and ,A,, and nue aen exempt from fmiutioas on awes, marts mated by Propertim 218 Hosed Jaren Tax psyerr Asan v. City of Rivermde (App. a Dat 1999) 96 CaLRper.24 552.73 Cal.AppAn f79, neiew fled 6. Futon Exemption te limiutiona an eeaexmeaw mat i by Propeuuan 219 -such appbaF to aaanmen. Impowd Ann,&e;v ro Wane capital 00113 or memrmence and upennan eorp h as. for sidewalks. rtrtole, Rwen. warm. Rood convil, drawge sysuml, or vector tantrni looks at the ratwt of the m.'LL. nm Ua More of lie mw- rothnddng the aNnwment. Howard Jan', Taxpayers ,,Mn , Co, of RlverFlde (App. w Dist. 19913 e6 Cas Rptr2d 692 73 CJ.APP.tn 679. wiew (Jail. EWA opinion tiaeimo.), x Expert opinion xromon, .aa madmi"m1u, -,In r06"a to asue of whenet ureaianng s,renLrhling ~ vnena cera exempt IAm bmiutmm on asserlments crated In., Pmfvw n.n 2SN a avue p=#d a port quentlon of La H ward Jarvis: Taxpayers Assn. v. Co. of RivrrFide (Apra a oD,m. 1fmW) 96 CJRptr2d 6x2 T1 CJ.MPam 6pl rage. filod 6. %star district standby charger Municip.l .alcr damcu m4 not uM`o- iwrdb> charge, at increased ones vaithout proHdlnp notice to )andouners and ohwiwip laser gpeuvil of the charw+ "Pio Lbs . "i ir.hon of tan mcf0ased rasa yea au ou,ly zonated engineers report cu.aA, qucwuon sod appruvJ by the disiricfz board or duresnm M., to ?sen ema<r 6, 19WA2 UVzduyA.n JS, 13-10-`o 9 6. New or existing increased fees and charges: procedures and requlrementa: ruler approval Sec. A. Pmnem Related Fees and Charges. (n) Prooedsues for New or Increased Fees and Charges. Al -Prop' shall foloa the procedures pursuant to this section in imPOwmg or increasing any fee lir charge as defined pursuant to lhLq article. Including. but not limited tothe following: e]) The parcels upon which a fee lir charge u proposed for imposition shall be identified the amount If the tae or charge Prnpnsod to he tmpuaed upon each parcel shell be calculated. The agency shall 31 SEP -11-2001 17:53 7149399870 PAS FROM: MARTIN CNPPMPN CO CONSTITUTION Art. 13D, § 6 provide written notice by mail of the odd for hnpoahi n� amount alW the td owner or each identified he fee or charge prop XIMI so hhe upon which he fee or charge u prop the the imp repo an dfoP the a he orthe e<basis huga together with ih �headdatet4 sept ndslo lion ocharge Puublic rho ring onaued' the proposed fee or charge. on the proposed fee or Chun not lehs than 43 ay (2) The agency $bell conduct A public hearing up After mtllln¢ the ^voce of the proposed file or charge to he record owners of each identified D upon Ked fee o chute are whish the sec le chute in proposed fnr imposition. At the public hearing. the agency shall consider all protect against ch proposed fee or charge. If written protests. against the Prop he fee or charge. presented M' a majority proof owners of the identified pwet. the agency &hall not MPW or charge shall not be (h) Requirement for Existing, New or Increased Feer. ande ti Alla of theefullwrvl8 qulrement: extended, hues d. or increased by any agency hallurjen Ill Revenues derived from the fee or charge shell not exceed lite funds required w provide .e property related service.a other than that for (2) Revenues derived from o Chrominitthe fee or charge all rias be used for any puttees which the fall w areel o* person as an incident of property (3) The unount of a fee deared Upon rrttt al °ost of the service attributable W the parcel. ownersp shall not exceed [hea propo ed for A sernce Ordeal, that service is actually used by. or (4) No fee P chane may be mopes eat in question. Fees or chargee heed on potential or immediately Rvailuble W. the owner of the eprop undbYgchargea, whether chaneteriaed K charged P future use of a , to are net perrm without compliance with Section wessment. shall be classified as assessment and shall not be unposed 4. services- where the service is available to the pudic et large n (5) No fee or charge may be imposed for general governmental services including 'public not r police, fire, ambulance or bbnry rc it ic property ownersmap.. Reliance 6y en agency on any Parcel map. subsrant4+py the ,erne marl[wr maybe considered a significant furor n including. but not limited W. an assessors p;Wceler an incident of property ownership for purposes of this detereadeing wbethu a fee or charge w ImPosed' article. In any legal action contcsteng the validity of s fee or chugs. rile burden shall be on he agency W demonstrate compliance with title article. (c) Vow Approval for New or increased FRK ater, and Charges. Exceyt for fees ar chugs: for newer. wand refuse collection cervices. no prllMny related fee or charge shall be imposed or incir ed vote of the property v a two-thirds, vote Of the dNexs and until that ere or chute t submitted end approved by a majority of the property rdbject t0 the fee or aharge or, at use operon of all be conducted agency, b, el¢ewaw residing m the effected ore^. N—scluess simThe electom ilar W rhos ufor dincreases inti,'llasmena" Ch the !Mauct m a,aL.• •— _.--- — - with this section. (d) Bctsnafag lulu 1. 1997. all fees or charier shell emnP1Y (Added by Initiative He Kure (Prop 218. 4 4. approved Nov. S. ]9%),I Historical Notes 1996Le[tl alio. Short du, finding, art (eclumon, and Lbero con 'crowns and serenbibn' Proxnonr rdaWg to propos, tion 216. see Rutonnl Fete under Corset. Art 13C. I 1 Notes of Decisions Are+y.w..onbe,i,wur 3 Rate aocucNAes 1 Vete, approval r Water d'ubidaWd¢ chute, 4 1. Rate elrunurea Th. method by whlca she Valle, Seniunon and Flood Centro) D"AynedII m e mnnddly see tees charged I- IM opPa.m, end imernalice of its al4rn or "Ate FVRIm d.K nal meet l..tAvW,4 "o,,e Pllw el l)pAny.Go. 1W. a -S -Na. A wafer div,,t. nithou: ,dohung he wnstltuti.nal 11miciden D11•rd -Pori fa. fx aryl.. may impnne a titled "Ir All rtrodurA That Lies+es A higher chert! Per lip "it of nalds. du11 I'll f romwnpenn inanue,. 1p 2. VIM¢raPPOnI TM Vanryc 5aniudpn and rlmdCwhP nD4mt the redound to oil ••^ Prior "yo, aPMy,a mehodolo, ey wh,h It al l"" ` awem dnd.ate "ion, monthly us. fees. r bore al Op.Anrcfy+can in +mount tent agreed nrouA Pa 10/. O -s-95. d. AK<amenl on businnFN DI ANI. -Nit ulosic P -A bPmue ees'rather han ,BID) PrdPr' 32 CONSTITUTION sayNnt W Parldngand bean II-=• r 1019. for sen:v, and Imm plP husNerM war not "assesnue ,�nlu:unnml Arnmdmem rmhlbit Ill,nn "roil vopenywlhou'. vs,'_ 1, Is TamaYces Aexn .Cay o1. IwHI V Cal.Rpcu24AOf. 72 CalAl I_ Water divrlet owndby chose \lun,apaj. water districts mer "'m At Increased rile, svt ' landowner and obtainat voter s t J. Mechanics' liens per why. paid peontioK 21 Retiex fl Rrlca22 1 Constmden, and application V•.namea lien I,— are rem. LMnllu cenrrrued Ile the prof mn.nJmen SnH, 7n4dei bards. y:Igi 2 out 19901 81 CAI Rptr.2 i;n beneradv, doubts conclumang It 4.1111 Lan etatuw ase moped i s," , Total bank. Ltd. Net, Y¢r lis II .hi 1;0.111Rr Gd 14.4. tit "Ar ,.eKnlly. doubt roN,,l.x rh, m �unne. are rsmh'ad In b,'nr gale Enlerpnom lot IApp ly,:r 2d dt0. 19 CalApp. tth IW 1 1 onA...ta. —th Ulh,r Ia— crlthrr • •eluntAr,, elluse a s Lcn. our u dacrw ord.rinR III, n, efdy, nn Ihe':altiny dw w..Ian whose validity moa E, des rel hall mon Awl, lob:, 1 n N•:0rh :App. r Pen. I99e a.\IAV I:h IIi3 1' inllx nrolp aw,nAl nun: lo. .. ma .I'mmrnnus. as m -a n I.., Unit." not n 0. d.... nmNer rcun d"Nee 1 Ler. nor mli,acus •Illor a I steal of PmMn Ile-vch deers'. .nI rRc'nn s.1 alWlar Halm of h Nollu6 As released An. C .Ihd hen b wxy AveruLo au .-hunnnug Pau Ih al NPtr x SOLI ,. Tehu r,.ran.h :AIN+ 2 INst I:NCn FI C tpPAm :435. HeclunlC. hen. nnarallr IIMNnlc, Ilea IMUS. as MneQ .. ¢rely ceneveed fnr MmNdnr t SEP -11-2001 17:54 7149399870 P.09 FROM nawttt caavnaa co sax to 373IJGOVERNM ENT CODE GOVERNMENT COI Article 4.6 Constitution and this art w eessenent or a property PROPOSITION 219 OMNIBUS IMPLEMENTATION ACT O) "Record owner" one Section Section 33730. Definition,, &3753.6. Exempt assessments: application of no- secured pmperty tax ase United States, means the 3376,9 Nutive. protest, and hearing require- bee. protest, and hearing require- agency. ments, ments; subsequent increases. (k) "Registered profee Engineers An (Chapter' Code). Artini 4.6 was added b9 Stala1997. c ad (S.B.919), 4 4 a$ July 1. 1997, (1) 'Vector control" m for the surveillance and 4 57730. Definitions Safety Code and a pea For purpo,on of Article %III C and Article Xtit n of th• Califnrnur CnnxliWlimit and thin attirb: (commencing with Secta) (al "Agency" means any local government as dr(ned in subdivision (b) of Section 1 of Article XIII C of (m) "Water means e stcrage, supply, treatmet the California Constitution. ) "Ant" means any levy or charge by an agency upon real property that is based upon the (basaasme (Added by St ta.1997, C. 4 10'1 special benefit conferred upon the ria) property by a public improvement or service. that is improved to pay the capital cost of the public improvement, the maintenance and operation expenses of the public unprw'emen4 or the cost of the service being provided. "Assessment" includes, but is not limited W. 'special usessment." "benefit asensment" "maintenance assessment;' and "modal assessment tax." 1991 LrNktion (d "District" means an area that is determined by an agency to Contain all of the parcels that will Savors 1, 9, S. and 10 receive a special benefit from a proposed public improvement or service. p1O'tee' (d) "Drainage tysterri' means any system of public Ins rovementx that is intended [o provide for 5 5 P P 9ornab al The act ah. 219 Oebr. 1al Imhissetatit em,um control. landslide abatement, or fur other types of water drainage. •Sat b. The pro eiom ir) "Extended." whin applied to in existing use or fee or charge, means a decision by an agency to the event me any profit extend the stated effective period for the tea or fee or chargeincluding. but not limited to, amendment or mvalid or unconstitutional removal of a sunset provision or expiration data. 'wMadection that Institute r unanfameaek any other psi (jr,"Flood control" meant any system of public improvements that Is intended to protect propertyfrom overflow by water. "Ser 9. the provisions calumet b dfeauate i4 (g) "Identified parcel" means a parte) of real property that an agency has identified as having a special ernmmt revenue and enhu benefit conferred upon it and upon which a proposed assessment m to he imposed, or a parol of real -see, lo. This ac[ u se propert-v upon which a proposed property -related fee or charge is proposed to be imposed. me wo eat preewadw (h)(1) "Increased." when applied to a tax, assessment. or property -related fee or charge. means a »witty wiwn me meantng� decision by an agency that does either of the follo,ving: (A) Increases any applicable rate used W calculate the tax, msosament fee or charge. (Br Retises the methodology by which the tax, assessment. fee or charge is calculated, if that revision Legal Jurisprudence- ur sprudenuaresult resultsin an increased amount being levied on any person or parcel. Cal Jur 3d Const 4 17, It 5.10.22. (2) A tis, fee. or charge is not deemed W be "increased" by an agency action that does either or both of the following 4 53733. Notice, prot (A) Adjusts the amount of a tax or tae or charge in accordance with a schedule of adjustments. including a clearly defined formula for inflation adjustment that was adopted by the agency prior to (a) The notice. prob November 0. 1990. provisions applicable a (Bs Implements. or collects a previously approved tat". or tee or charge. so loop as the rate is not date of this section, v compliev with the notic increased beyond the level previously approved by the agency. and the methodology previously approved with any other by the agency a not revised so as to result in an increase in the amount being levied on any person or w or it the a new or it panel 31001 of the Striata an ) ofevy the (3) A W. assessment, fee or charge is not deemed to be "increased" in the cue in which the actual or increased "sesame payments from a person or property am higher than would have resulted when the agent) appros'ed the merits imposed by this tax. assessment. or fee or charge, d those higher payments are attributable to events other than an fb) Prior W k17-9yNg meressed rate or revised methodology'. such as a change in the density. intensity, or nature of the use of procedures and land. agency shag give now 10 "Notja by mail" means any notice required by Article XIII C or %111 D of the California he total amawt of th Constitution that 4 accomplished through a mailing, postage prepaid. deposited in the United Sates the record owner's pe Postal Service and 4 deemed given when so deposited. Notice by mail may be included in any other upon which the amour mailing to the record owner that otherwise complies with Article X111 C or XIII D of the California public hearing an Nr Additions or changes Indicated by underline; deletions by asterisks a ° e Additions 58 SEP -11-2001 17:54 7149399870 P.10 F 1E or 1 aPRT[H CHQPMQM LU •GOVERNMENT CODE 9 W63 -- Constitution - Constitution and this article, including, but not IGnited to, the mailing of a bill for the collection of in em"onam or a properly -related fee or charge. 0) "Record tumor" means the owner of a parcel whose time and address appears on the last equisamd secured property tan assessment roll. or in the tale of any public entity, the Staw of California, or the L'niwd Stale, means the representative of that public entity at the address of that entity knmvn to the agency. (k) "Registered professional engineer' means an engineer registered pursuant to the professional Engineers Act (Chapter 7 (commencing with Sectirm 6700) of Division 3 of the Business and Professors; Code). (1) "Vector control', means ay system of public improvements, or services that is intended is provide for the surveilbul e. and control of vectors is. defined in subdivision ID of Section 2200 of the Health and Safety Code ands at u defined in Division 4 (commencingwith Section 5001 And Division 5 f rnmenci a coin .7! lion 8101) o the Food a0d Agricultural Code. (m) "Water" means any syswnl of public improvements inwnded to provide for the production. storage, supply. treatment m distribution of water. )Added by Swta.1997, c. 38 (S.B.919). 4 5, eff. July 1, 1997. Amended by Suts.1996, c. 876 (S.B.1649). 4 10.) Historical and Statutory Notes 1897 Legislation Sections 1, B. 9, and 10 of Swul99",, e. 18 (S.B.919). provide: "Semon L Thix an shall be enutled the proposition Y18 omntbur bwplemanwean Act." "Sec. S. The provisions or Nu ad an sevanble. Ir. we are., that any prmwon of that an u held b be ievabd or vnmmutkknsI by my court of competent lunube an, that holding shall not invalidate or render unedorcaable any with" Prwvi " of chis eco "Sec 9. The provons of this ace shall be libeNly coratraed to Weauale its Purposes of Onvung local gov. element revenue and enhanunff uxpaY" consent "Bee. 19. Thir W n an urgency f,t.w nKMfary for the unmednte Preservation of Ne public pg -re, health. or safety widen the mQg of Ankle N of the Constitution and Nell ao mw wmadteu cites. The tecta eonauruwg the eeresuty an' 'The voters of Calt un,. recently adopted Proponum 218. 'The Right to Vow on Tues Act' which comprises xr, els %111 C and XIII D of Ne California Comutuuon. net proposition wok effect on NPvemher d, 1996, and ratan of ns, Provioom art effective 9n Job 1, teal. The proposition u inconsistent with numerous preetiaung sut- utss singsong tool government finance. It It necteaery Wt this Lgiatuion take wmadlaw, effect on ewrlfy the W so that local govermnenu an adopt budgets for the 1997-99 fiscal year w protide ..twI local service an compliance with Proposition 219 vtont needless conN- ... duplication of snort, and uncort inty." le%Legislation Legislative findings. dedanow. and intent and short tits d S.U.M. a Big (S,B 1649). sae Huwnral and Statutory Now under Gavemment Code 1 1481. Library References Legal Juoalrudme. Cal Jur Bet roast a 176 Prop Tu 4 3; Pub ImPtov fs 5, 10.22. 'resume and Practice Aida within. Summary (9th ad, Tu 64 IIOB. IIOA 1 53753. Notice. protest, and hearing requirements (a) The notice protect, and heanng requirements imposed by this section supersede env statutory provisions applicable to the levy of a new or increased ueusmem that ts in ea67ence an the effective date of this section. -bather or not that pruvision is to conflict with this &nick Any agency that complies with the notice, protest and hearing requirements of this section shat) not be required to empty with any other statutory notice, protest, and hearing requirements that would othernisn be applicable to the levy of a new or increased anessment. lith the exmpuon of Division 4.5 (commenting with Section 3100) of the Streew and Highways Code. H the requirements of that dimsion apply w the levy of a new or increased assessment, the levying agency shall comply with the nonceprotest, and hearing regvre- menu 'unposed by this rection ar well n with the requirements of that division. (b) Pnm to levying a new or increased assessment, or an sedating assessment that is subject to the procedures and approval process set forth In Section 4 of cuticle XIII D of the California Co7utitution, an agency shsil give notice by mail to the record owner of each identified parcel. Each notice shall include the total amount of the proposed assessment chargeable to the entire district, the amount chargeable to the record owner's parcel, the duratiml of the paysnenw, the reseon for the uverement and the basis upon which the amount of the proposed assessment tau taltulated. and the date, time, and location of e public hearing on the proposed assessment Each notice shall also include, in a conspicuous place Additions or manges Indicated by underline; dsltlbme by agnenaks a e 69 SEP -11-2001 17:55 7149399870 P.II PRDnt nRRT IN CNRPM RN CO FAX ND.: eIaYJYYnro a DB IDtd GU4ERNMt.NT Qadit f GU9E'RP:flE1Y'I 4 thereon, a summary of the prucedures for the complelum, return, and tabulation M the arsesessum balloo, required pursuant to subdivision (c). Including a statement that the whe ssmem shall not be imposed H the ballots submitted in opposition to the assessment excetd the ballota submitted in favor of the asaassment with ballots %,sighted according to the proportional financial obligation of the affected property. M agency shall give notice by mail at least 45 days prior to the date of the public herring upon the proposed aseessn' t. (c) Each notice raven pursuant to subdivision (b) shall contain an assessment ballot that includes the agency's addre..s for receipt of the form and a place where the person returning the assessment ballot may indicate his or her name, a reasonable identification of the parcel, and ha or her support or opposition to the proposed assessment Each assessment ballot shall be in a form that conceals its Lee signed and either mailed or otherwise delivered to the address indicated on the assessment ballot. Regardless of the method of delivery, all Assessment ballots shall be received at the address indicated, or the site of the public testimony, in order to be included in the tabulation of a majority protest pursuant to subdivision tat • • e Assevment hallota shall remain sealed until the tabulation of ballots sort to subdivision (e) commences. provided that an assessment ballot may be submitted, or changed, or withdraum 81 the Derson who submitted the ballot prior W the conclusion of Ne public testimony on the proposed assessment at the hearing required Dursuent to subdivision (d). M agency may provide an envelope for the return of the assessment ballot provided that 0 the return envelope ice owned by the (d) At the tame, date, and place stated In the notice mailed pursuant to subdivision (h). the agency shall conduct a public hearing upon the proposed assessment. At the public hearing. the agency shall consider sit objections or protects, if any to the proposed aaseasment. At the public hearing, any interested person shall be permitted to present written car oral testimony 7Te public hearing may be continued from time to time. (e)(1) At the conclusion of the public hearing conducted pursuant to subdivision (d). an Ira 'al lersnn ineludine but no[ Lmited to the clerk of the a¢enev. designated by the agency who oes nut have e vested interest in the outcome of the prvix,sw assessment shall tabulate the assessment ballot, submnted ane not withdrawn, in support of or opposition to the proppsed assessment. The Impartial person may use technological methods of tabulating the assessment ballots, including. but not ],tinted to, wncheard or optically readable fbaraoded) assessment ballots. Dunn¢ and after the In the event Nat more than one of the record uwnera of tai identified immel oubmils A" awwuruwat ballot, the amount of the proposed asseasment to be unposed upon the identified portal shall be Idlucated to each ballot submitted in proportion to the respective record ownership interests or. if the ownership Interests are nm shown on the record. as cetablu led to the satisfaction of the agency by documentation provided by Nasse record owners. 121 A majority protest exists if the assessment ballots submitted, and not withdrawn. in opposition to the proposed assessment exceed IN! assessment ballots submitted, and not eithdraw7l, in ire ]ever. weighting thea assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. (31 11 there Is a majority protest against the imposition of a new assessment. or the extension of an emsung aaeiment. or an increaNe In an estaung assessment. the agency shall not impose, extend. or increase the assessment (4) The majority protest proceedings described in this subdivision shall nut constitute an election or voting fns purposes of Article 11 of the California Constitution or of the California Elections Code (Added by Stetr.1997, c. 38 (S B.919). 6 S. off. July 1. 1997. Amended by Stats2000. c. 220 (S.8.1477). s 1.1 Historical and Statutory :Notes 1997 Leai.lu,en For tine of act taversbilny, comsuuction of tett, and urgency provisions of Stau.1997. c. db. see Hisumnl and 9umsop N.A. under Greve.' Cone a S97so Additions or Changes Indicated by underline; deletions by asterisk$ 60 tvutues and p,aetloe A Widion. Summary 1Ph e W.W. dlddct ednd� d 1. Water district Will Municipal We. out, Oasis, at Invaued is, 1 677635. Exempt t quentI (a) If an agency hu an agency is not requ. procedures and appro then those requireme, changed to increase assessment formula o the California Conatlt (b) Notwithstandin XIII D of the Califon I, Becton 4 of that Sr (1) Any ysesemer expenses for sidews (2) Any asseasmer subject to the ®ssessr (7) Any sasessmer the failure to pay wo (4) Any 9aae35nlel election on the issue My subsequent u procedures and app, let For purposes c 11) "Assessments wessments levied to (2) "Procedures s requirements set fc' limited to, the requb Wt are owned or (Added by Stat3.199 1917 Lep.tauon Far We of ad, sa urgency provakes, of Statutory Notes under '14eatisse arta P.ectii wNdn. Summary (! Addlllo, SEP -11-2001 17:56 7149399870 P,12 FROM: nRRTIN CNRPnRN CO 38 1 ' GOVERNMENT CODE ots the nt, M .ed he me Or 4 all oL. on to ur N h JI N A d 41 e u Library Refemtees Tmum and Pnctice AIB wus;o, Summary (9th ed) T. f INA j 53753.5. _ Notes of Decisions Wates district sundby clurses I leadownere Ino totsYdeg voter approvLL of Ne macs despits Na jWdficatim of the increased rats in a peeW ,,* adopted englneefs relwn "cerins the year In I. waw dtsutn handy ehuees gmmu and approval tY the dutrin'a board of directme Municipal ,rater disWeu may not enpose aundby pn-ru Norembere,l9%. 920NAtty.Gen. 95.8-10.99. 'barges ,t mcreoeed 'area nthout provi g nouea to 9 63763.5. Exempt assessments; appllution of notice, protest, and hearing requirements; cube• quent increases (al If an agency has complied with the notice, prom,,, and hearing requ remenu of Section 63763, or it an agency a not required to comply with Nose requirements because the Assessment u exempt from the ce produras approval and process set set forth In Section 4 of Article XIII D of the Caldornia Constitution, then those requu mems shall not apply in subsequent (ural years unless the mmument methodology is changed m incresce the assessment, or the amount of that assessment is proposed to exceed an saecesment formula or range of aseessmenu adapted by an agency in accordance with Article XIII D of the California Constitution or Section 63758. (b) Notwithstanding subdivision (a). the following sansarnents exidting en the effective dam of Article XIII D of the California Constitution shall be exempt from the procedures and approval process set forth in Section 4 of that ,,tide: (1) Any uresament imposed exclusively to finance the capital Corm or maintenance and operation expenses for aldewalka. atreeu, sewers water. flood control, dralasge, systems, or vector control. (2) Any Assessment unposed pursuant m a petition signed by the persolu owning all of the parols subject to the Assessment at the time the assessment is Initially imposed. (3) Any Assessment the proceeds of which are exclusively used to repay bonded indebtedness of which the failure to pay would violate the Contratt Impairment Clause Of the Constitution of the United States, (4) Any Assessment that previously mcaved m4ionty voter approval from the voters voting in an election on the issue of the sentiment. Any subsequent increase, in an assessment listed in paragraph (I), (2). or (4) shall be subject to the procedures and approval process eat forth in Semon 4 of Article XIII D of the California Constitution. t (c) For purposes of this section, the following words and phrases shall have the following meanings: (1) "Assessmenu existing on the affective dam of Article XIII D of the Cal(forms Conetitunan" mean, assewmem levied by the legislative body of the agency on or before November 6, 1996. (2) "Procedures and approval proses, set forth in Section 4 of Article XIII D" means all of the y requirements rat forth in Section 4 of Arnole XIII D of the Galifornts Constitution. including, but not limited t0. the requirement to separate general and special benefits and the requirement to assess parcels 1 that are owned or used by an agency, the Suite of California, or the United Stares of Amence. (Added by Suu.1997, c. 38 (S.B.919), 4 5, air. July 1, 1997.) Historical and Statutory Notes ani 4e;alluon For our of act, a,,,nubay. roMr+ucuon of ac, and uraenry Provision, of Stata.1997, a 3& an HaunW and Statutory Nowa undv Govemmene Cade 163150. Library References Tteauses and Practice Aid, WLtkln, Summary (9th ed) Su, 11OX Addlttona OR eh8119041 InNurod by unist"I rte; daleLlona by ealerlakd ' a 61 17:56 7149399870 P.13