ITEM:		PUBLIC HEARING
12 H.	Adopt Resolution 2012-03 – proposition 218 process implementation
Meeting Date:			April 16, 2012	Budgeted:
From:			David J. Stoldt,	Program/
			General Manager	Line Item No.:
Prepared By:			David J. Stoldt	Cost Estimate:
General Counsel Review: N/A
Committee Recommendation: The Administrative Committee met on April 9, 2012 and voted 3 to 0 in favor of recommending approval by the Board; the Water Supply Planning Committee met on April 9, 2012 and voted 2 to 0 in favor of recommending approval by the Board.
CEQA Compliance: N/A

SUMMARY: At its February 23, 2012 meeting, the Board directed staff to implement a Proposition 218 process for the development of water fees and charges, including the hiring of a rate consultant and the development of the necessary ordinances, resolutions, and notices for implementation thereof.

This item seeks approval of a Resolution that describes the manner in which the District will conduct its Proposition 218 protest hearing process. This is the District’s “Rules of the Road” resolution. (Exhibit 12-H).

RECOMMENDATION: The General Manager recommends the Board adopt Resolution 2012-03 – Proposition 218 Process Implementation. The Administrative Committee met on April 9, 2012 and voted 3 to 0 in favor of recommending approval by the Board; the Water Supply Planning Committee met on April 9, 2012 and voted 2 to 0 in favor of recommending approval by the Board.

BACKGROUND: The Resolution requires the District to give notice of proposed fees or charges via U.S. mail to all record owners within the District boundary that the District has determined is a water customer of the main California American Water Company (Cal-Am) Water Distribution System, with the exception of the Hidden Hills, Toro, Ambler Park, and Bishop sub-units of Cal-Am.

The District will post the notice of proposed fees or charges and public hearing at its official posting sites. Any record owner who is subject to the proposed fee or charge which is the subject of the hearing may submit a written protest to the District Secretary, by personal delivery, mail, or personally submitting the protest at the public hearing. Protests must be received before the end of the public hearing, including those mailed to the District. No postmarks shall be accepted; therefore, any protest not actually received by the close of the hearing, whether or not mailed prior to the hearing, shall not be counted. Emailed, faxed and photocopied protests shall not be counted.

Although oral comments at the public hearing will not qualify as a formal protest unless accompanied by a written protest, the District welcomes input from the community during the public hearing on the proposed charges.

A written protest must include:

(i) A statement that it is a protest against the proposed fee or charge which is the subject of the hearing.

(ii) Name of the record owner who is submitting the protest;

(iii) Identity, by street address, of the parcel with respect to which the protest is made;

(iv) Original signature and legibly printed name of the record owner who is submitting the protest.

Protests shall not be counted if any of the required elements (i thru iv) outlined in the preceding subsection are omitted. Only one protest will be counted per parcel as provided by Government Code Section 53755(b). A separate written and signed protest shall be required for each parcel.

EXHIBIT

12-H Resolution 2012-03

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