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RESOLUTION NO. 15-776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADOPTING GUIDELINES FOR THE SUBMISSION AND TABULATION OF PROTESTS IN CONNECTION WITH RATE HEARINGS CONDUCTED PURSUANT TO ARTICLE XIIID, SECTION 6, OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City of Pleasanton to consider written protests to proposed increases to water and sewer rates; and WHEREAS, although Article XIII D does not apply to water and sewer service which is not incidental to property ownership, the City has nonetheless opted to comply with that constitutional provision in the adoption of new or increased rates for sewer service, water service, recycled water service, and water drought rates for clarity for the public; and WHEREAS, neither Article XIII D, section 6 nor its implementing legislation offers specific guidance as to who is allowed to submit protests, how written protests are to be submitted, or how the City is to tabulate the protests. NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: SECTION 1. When notice of a public hearing with respect to the adoption or increase of water rates, recycled water rates, water drought rates or sewer rates has been given by the City pursuant to Article XIII D, Section 6(a) of the California Constitution, the following procedures shall apply: 1. Definitions. Unless the context plainly indicates another meaning was intended, the following definitions shall apply in construction of these guidelines. A. "Parcel" means a County Assessor's parcel the owner or occupant of which is subject to the proposed charge that is the subject of the hearing. B. "Record customer" and "customer of record" mean (i) the person or persons whose name or names appear on the City's records as the person who has contracted for, or is obligated to pay for, utility services to a particular utility account; or (ii) another person who demonstrates to the reasonable satisfaction of the City that he, she or it is a tenant of real property directly liable to pay the proposed fee. C. A "fee protest proceeding" is not an election, but the City will maintain the confidentiality of protests as provided below and will use reasonable efforts to maintain the security and integrity of protests at all times. 2. Notice Delivery. Notice of proposed rates and public hearing shall be as follows: A. The City shall give notice of proposed charges via U.S. mail to all customers of record served by the City. B. The City shall post the notice of proposed charges and public hearing at its official posting sites.