2016-004 - The Proposition 218 Omnibus Implementation Act

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Section 3. Assessment Ballot Proceedings. The following procedures shall apply to assessment ballot proceedings as described in Section 2 above: A. Notice of Public Hearing and Assessment Ballot Proceedings. The following procedures shall apply to any notice of public hearing and assessment ballot proceedings (the "Notice") required to be given pursuant to Article XIIID and the Proposition 218 Omnibus Implementation Act: 1. The "record owner" of each "identified parcel' shall be determined. A "record owner" means the owner of an identified parcel whose name and address appears on the last equalized secured property tax assessment roll (the "Tax Roll'), or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of such entity as known to the City Manager of the City (the "City Manager") or the Clerk of the Council of the City (the "City Clerk"). An "identified parcel' means a parcel of real property that the City has identified as having a special benefit conferred upon it and upon which an assessment reflecting such special benefit is proposed to be levied or an existing assessment reflecting such special benefit is proposed to be increased or extended. 2. Prior to levying a new assessment or increasing an existing assessment, Notice shall be mailed, postage prepaid, to each record owner at least forty five (45) days prior to the date set for the public hearing. If an identified parcel has more than one record owner, a Notice shall be sent to each such record owner. 3. The Notice given in any assessment proceedings pursuant to this section and in accordance with Article XIIID and the Proposition 218 Omnibus Implementation Act shall supersede and be in lieu of any statutory provisions requiring notice to levy a new assessment or to increase or extend an existing assessment, including but not limited to the notice required by the state statute authorizing the City to levy an assessment or increase or extend an existing assessment and Government Code Section 54954.6. 4. A Notice shall be given through a mailing, postage prepaid, deposited in the Unites States Postal Service and shall be deemed to have been given when such Notice is so deposited. Failure of any record owner to receive Notice given pursuant to this section and in accordance with Article XIIID and the Proposition 218 Omnibus Implementation Act shall not invalidate the assessment ballot proceedings for which such Notice was given. 5. The cost of giving Notice may be included as a cost of the assessment district for which such Notice is provided. Resolution No. 2016-004 Page 2 of 7