Resolution 2015-39RESOLUTION NO. 2015-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING GUIDELINES FOR THE SUBMISSION
AND TABULATION OF PROTESTS IN CONNECTION WITH
RATE HEARINGS CONDUCTED PURSUANT TO ARTICLE
X1111), SECTION 6 OF THE CALIFORNIA CONSTITUTION
WHEREAS, Article X1111), Section 6 of the California Constitution requires the City
Council of the City of Gilroy to consider written protests to certain proposed increases to utility
charges; and,
WHEREAS, this constitutional provision does not offer 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 by the City Council of the City of Gilroy
that when notice of a public hearing with respect to the adoption or increase of water or
wastewater charges has been given by the City pursuant to Article X1111), Section 6(a) of the
California Constitution, the following shall apply:
SECTION 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 Clerk 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 Clerk will maintain the
confidentiality of protests as provided below and will maintain the security and
integrity of protests at all times.
SECTION 2: Notice Delivery. Notice of proposed rates and public hearing shall be as
follows:
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A. The City shall give notice of proposed charges via U.S. mail to all customers of
record served by the City.
The City will post the notice of proposed charges and public hearing at its official posting
sites.
SECTION 3: Protest Submittal.
A. Any customer of record who is subject to the proposed utility charge that is the
subject of the hearing may submit a written protest to the City Clerk, by:
• Delivery to the City Clerk's Office at the main building of City Hall,
7351 Rosanna St., Gilroy, CA 95020
• Mail to City Clerk, 7351 Rosanna St., Gilroy, CA 95020
• Personally submitting the protest at the public hearing.
B. Protests must be received by the end of the public hearing, including those mailed
to the City. No postmarks will be accepted; therefore, any protest not actually
received by the close of the hearing, whether or not mailed prior to the hearing,
shall not be counted.
C. Emailed, faxed and photocopied protests shall not be counted.
D. Although oral comments at the public hearing will not qualify as a formal protest
unless accompanied by a written protest, the City Council welcomes input from
the community during the public hearing on the proposed charges.
SECTION 4: Protest Requirements.
A. A written protest must include:
(i) A statement that it is a protest against the proposed charge that is the
subject of the hearing.
(ii) Name of the customer of record who is submitting the protest;
(iii) Identity, by street address or utility account number, of the parcel with
respect to which the protest is made;
(iv) Original signature and legibly printed name of the customer of record who
is submitting the protest.
B. Protests shall not be counted if any of the required elements (i thru iv) outlined in
the preceding subsection "A." are omitted.
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SECTION 5: Protest Withdrawal. Any person who submits a protest may withdraw it
by submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal
of a protest shall contain sufficient information to identify the affected parcel and the name of the
customer of record who submitted both the protest and the request that it be withdrawn.
SECTION 6: Multiple Customers of Record.
A. Each customer of record of a parcel served by the City may submit a protest. This
includes instances where:
(i) More than one name appears on the City's records as the customer of
record for the parcel, or
(ii) A parcel includes more than one record customer, or
(iii) Parcels are served via a single utility account, as master - metered multiple
family residential units.
B. Only one protest will be counted per parcel as provided by Government Code
Section 53755(b).
SECTION 7: Transparency, Confidentiality, and Disclosure.
A. To ensure transparency and accountability in the fee protest tabulation while
protecting the privacy rights of customers of record, protests will be maintained in
confidence until tabulation begins following the public hearing.
B. Once a protest is opened during the tabulation, it becomes a disclosable public
record, as required by state law.
SECTION 8: City Clerk. The City Clerk shall not accept as valid any protest if he or
she determines that any of the following is true:
A. The protest does not state its opposition to the proposed charges.
B. The protest does not name the record customer with respect to the parcel
identified in the protest as of the date of the public hearing.
C. The protest does not identify a parcel served by the City that is subject to the
proposed charge.
D. The protest does not bear an original signature of the named record customer with
respect to the parcel identified on the protest. Whether a signature is valid shall be
entrusted to the reasonable judgment of the City Clerk, who may consult
signatures on file with the County Elections Official.
E. The protest was altered in a way that raises a fair question as to whether the
protest actually expresses the intent of a customer of record to protest the charges.
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F. The protest was not received by the City Clerk before the close of the public
hearing on the proposed charges.
G. A request to withdraw the protest was received prior to the close of the public
hearing on the proposed charges.
SECTION 9: City Clerk's Decisions Final. The City Clerk's decision that a protest is
not valid shall constitute a final action of the City and shall not be subject to any internal appeal.
SECTION 10: Majority Protest.
A. A majority protest exists if written protests are timely submitted and not
withdrawn by the customers of record with respect to a majority (50% plus one)
of the parcels subject to the proposed charge.
B. While the City may inform the public of the number of parcels served by the City
when a notice of proposed rates is mailed, the number of parcels with active
customer accounts served by the City on the date of the hearing shall control in
determining whether a majority protest exists.
SECTION 11: Tabulation of Protests. At the conclusion of the public hearing, the
City Clerk shall tabulate all protests received, including those received during the public hearing,
and shall report the results of the tabulation to the City Council. If the total number of protests
received is insufficient to constitute a majority protest, the City Clerk may determine the absence
of a majority protest without validating the protests received, but may instead deem them all
valid without further examination. Further, if the number of protests received is obviously
substantially fewer than the number required to constitute a majority protest, the City Clerk may
determine the absence of a majority protest without opening the envelopes in which protests are
returned.
SECTION 12: Report of Tabulation. If at the conclusion of the public hearing, the
City Clerk determines that he or she will require additional time to tabulate the protests, he or she
shall so advise the City Council, which may adjourn the meeting to allow the tabulation to be
completed on another day or days. If so, the City Council shall declare the time and place of
tabulation, which shall be conducted in a place where interested members of the public may
observe the tabulation, and the City Council shall declare the time at which the meeting shall be
resumed to receive and act on the tabulation report of the City Clerk.
SECTION 13: This resolution will become effective immediately upon adoption.
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PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Gilroy on this 3`d day of August, 2015 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, TUCKER,
VELASCO, WOODWARD, and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: LEROE -MUNOZ
APPROVED:
4� 1, 44�k' -
Donald F. Gage, Mayor
ATTEST:,,
Shawna Freels, City C erk
RESOLUTION NO. 2015-39
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -39 is an original resolution, or true and correct copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the aid day of August, 2015 at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 4d' day of August, 2015.
Shiwna Freels, MMC °
City Clerk of the City of Gilroy
(Seal)