2016-004 - The Proposition 218 Omnibus Implementation Act

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6. The City Council may, in its sole discretion, designate an impartial observer or observers to observe the tabulation and may request that such impartial observers report to the Tabulation Official any irregularities observed in the tabulation of the assessment ballots. The Tabulation Official shall consider any reports of such irregularities and may consult with the City Attorney and bond counsel, if any, regarding such reports. The decision of the Tabulation Official regarding any reports of such irregularities shall be final and conclusive. 7. Following the completion of the tabulation of the assessment ballots, the Tabulation Official shall report the results of the tabulation to the City Council. If there is a majority protest to the levy of a new assessment or the increase or extension of an existing assessment, the City Council shall not levy, increase or extend such assessment. Unless otherwise defined by applicable law, a "majority protest" exists if the assessment ballots received by the Clerk of the Council prior to the Assessment Ballot Receipt Deadline, and not withdrawn, in opposition to a proposed assessment exceed the assessment ballots received by the Clerk of the Council prior to the Assessment Ballot Receipt Deadline, and not withdrawn, in favor of such assessment, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was received. D. Public Hearing. The following procedures shall apply to the public hearing required to be conducted in any assessment ballot proceeding pursuant to Article MID and the Proposition 218 Omnibus Implementation Act: 1. The City Council shall conduct a public hearing at the time, date and place specified in the applicable Notice. At such public hearing, the City Council shall consider all objections or protests, if any, to the proposed assessment. 2. At such public hearing, any interested person shall be permitted to present written and/or oral testimony. The City Council may impose reasonable time limits on both the length of the entire public hearing and the length of each interested person's oral testimony. 3. The City Council may continue the public hearing from time to time. Section 4. Effective Date. This resolution and the procedures contained herein shall become effective immediately upon the passage of this resolution and shall apply to any assessment ballot proceeding initiated on or after the date of the adoption of this resolution, including but not limited to the assessment ballot proceedings pertaining to proposed Assessment District No. 2015-01 (Warner Industrial Community). Resolution No. 2016-004 Page 6 of 7