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Ordinance No. 2292 <br />Page 2 of 3 <br /> <br />charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall <br />be submitted before the end of the public comment portion of a Hearing on the rate, charge or <br />assessment. <br />5. Include in a written notice of the Hearing, a statement in bold-faced type of 12 points <br />or larger: <br />a. That all written objections must be submitted to the City Clerk by the end of public <br />comment period at the Hearing and that a failure to timely object in writing bars any <br />right to challenge that fee, charge, or assessment in court and that any such action <br />will be limited to issues identified in such objections. <br />b. All substantive and procedural requirements for submitting an objection to the <br />proposed fee, charge, or assessment such as those specified for a property-related <br />fee under California Constitution, article XIII D, section 6(a) or for an assessment <br />on real property under California Constitution, article XIII D, section 4(e). <br />E. Council Consideration; City Responses. Before or during the Hearing, the City Council <br />shall consider and the City shall respond in writing to, any timely written objections. The City <br />Council may adjourn the Hearing to another date if necessary to respond to comments received <br />after the agenda is posted for the meeting at which the Hearing occurs. The City’s responses shall <br />explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in <br />response to written objections, including any reasons to reject requested amendments. <br />F. City Council Determinations. The City Council, in exercising its legislative discretion, shall <br />determine whether: <br />1. The written objections and the City’s response warrant clarifications to the proposed <br />fee, charge, or assessment. <br />2. To reduce the proposed fee, charge or assessment. <br />3. To further review the proposed fee, charge, or assessment before determining <br />whether clarification or reduction is needed. <br />4. To proceed with the Hearing, to continue it, or to abandon the proposal. <br />SECTION 2. The City Council finds that adoption of this Ordinance is exempt from CEQA <br />because: (i) it is not a project within the meaning of Public Resources Code, section 21065 <br />because it has no potential to alter the physical environment; (ii) and pursuant to CEQA Guidelines <br />section 15061(b)(3), the so-called “common sense” exemption, for this same reason. <br />SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this <br />Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional <br />by the decision of any court of competent jurisdiction, such decision shall not aff ect the validity of <br />the remaining portions of this Ordinance or its application to other persons and circumstances. The <br />City Council declares that it would have adopted this Ordinance and each section, subsection, <br />sentence, clause, phrase or portion thereof despite the fact that any one or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, <br />to that end, the provisions hereof are hereby declared to be severable. <br />SECTION 4. A summary of this ordinance shall be published once within fifteen (15) days <br />after its adoption in "The Valley Times," a newspaper of general circulation published in the City of <br />Page 7 of 348