2016-004 - The Proposition 218 Omnibus Implementation Act

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RESOLUTION NO. 2016-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ESTABLISHING LOCAL PROCEDURES TO IMPLEMENT REQUIREMENTS OF ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT APPLICABLE TO ASSESSMENT BALLOT PROCEEDINGS WHEREAS, Proposition 218 was approved by the voters of the State of California on November 6, 1996 and thereby adopted adding Article XIIIC ("Article XIIIC") and XIIID ("Article XIIID") to the Constitution of the State of California; and WHEREAS, Article XIIID imposes certain procedural and substantive requirements applying to the levy of a new assessment (as defined), the increase of an existing assessment or the extension of an existing assessment; and WHEREAS, the legislature subsequently enacted the Proposition 218 Omnibus Implementation Act (Government Code Sections 53750 and following) (the "Proposition 218 Omnibus Implementation Act) to prescribe specific procedures and parameters for local jurisdictions in complying with Article XIIIC and XIIID; and WHEREAS, the City Council believes it to be in the best interest of the community to establish local procedures applicable to the City of Santa Ana (the "City") to implement the requirements of Article XIIID and the Proposition 218 Omnibus Implementation Act applicable to assessment ballot proceedings. NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana as follows: Section 1. Statement of Legislative Intent. It is the intent of the City Council in adopting this resolution to adopt local procedures for conducting assessment ballot proceedings that implement and supplement the requirements of Article XIIID and the Proposition 218 Omnibus Implementation Act in order to facilitate the undertaking of such assessment ballot proceedings. It is the further intent of the City Council that such local procedures be consistent and in compliance with such requirements. These procedures are not intended to supersede or circumvent the requirements of Article XIIID and the Proposition 218 Omnibus Implementation Act. Section 2. Scope of Procedures. The procedures established by the adoption of this Resolution apply to any assessment ballot proceeding undertaken by the City to consider the levy of an "assessment' as such term is defined in Section 2(b) of Article XIIID and Government Code Section 53750(b), the increase of an existing assessment or the extension of an existing assessment. Resolution No. 2016-004 Page 1 of 7