Sacramento Municipal Code Art. II Procedures for Property Related Fees and Charges

This chapter is adopted pursuant to Sacramento City Charter Section 150, Article XI, Section 5 of the California Constitution, and Article XIIID, Section 6 of the California Constitution. (Prior code § 62.08.800)

This chapter is intended to implement the provisions of Article XIIID, Section 6 of the California Constitution, which authorizes a mailed ballot procedure for all new and certain increased property related fees and charges. For purposes of this chapter, the term "property related" shall have the meaning ascribed that term in Article XIIID, Section 2(e) and (h) of the California Constitution. Nothing in this chapter shall be construed to affect those fees or charges which are not property related fees or charges. Except where otherwise required by context, the term "property related fee or charge" as used in this chapter includes increases in existing property related fees or charges, where such increases require utilization of the procedures specified in this chapter. (Prior code § 62.08.801)

A. Where appropriate, notices required by this chapter may be combined with notices required by any applicable state law relating to imposition or increase of fees or charges.

B. In addition to notices required by any applicable state law governing the imposition or increase of fees or charges, the city clerk shall provide notice of hearing on a proposed property related fee or charge in accordance with the provisions of this chapter.

C. Notice of the public hearing on a proposed property related fee or charge shall be given by mail to the record owner of each parcel upon which the fee or charge is proposed to be imposed or increased at least forty-five (45) days prior to the scheduled date of the public hearing. In the event that the hearing is opened and continued to a future date, no further notice is required by this chapter; provided, however, that in the event of such a continuance, applicable notice provisions of state law governing the proceedings shall be complied with, to the extent such state law requires further notice. For purposes of this chapter, "record owner of each parcel" shall mean those owners or tenants whose names appear on the latest equalized tax roll as published by the county assessor of the county.

D. Each notice required to be given pursuant to this chapter shall contain all of the following provisions, in addition to any further requirements specified in any applicable state law governing the proceedings:

1. The amount of the property related fee or charge proposed to be imposed for the specific parcel; this requirement may be satisfied by a reference in one notice to a document on file with the city clerk, and a statement that the owner may obtain the exact fee by calling the city clerk or some other specified staff person or office, and giving the specific phone number to call;

2. The reason or reasons for the property related fee or charge and the basis upon which the proposed fee or charge for the specific parcel was calculated;

3. The date, time and location of the public hearing on the proposed property related fee or charge. (Prior code § 62.08.802)

A. For any public hearing held pursuant to this section prior to January 1, 2009, the following provisions shall apply:

Not less than forty-five (45) days after mailing the notice of the proposed property related fee or charge in accordance with this chapter, the city council shall hold a public hearing on the proposed fee or charge. At the public hearing the city council shall consider all protests against the proposed fee or charge. If written protests against the proposed fee or charge are presented by a majority of record owners of each of the parcels that will be subject to the fee or charge, the fee or charge shall not be imposed. In the case of an increase in an existing fee or charge, a successful majority protest shall have no effect upon the existing fee or charge. Any protest that is irregular for any reason, including, but not limited to, those that are made by persons or entities not the record owner of a parcel that will be subject to the fee or charge, may be rejected by the city council.

B. For any public hearing held pursuant to this section, the following provisions apply:

Not less than 45 days after mailing the notice of the proposed property related fee or charge in accordance with this chapter, the Utilities Rate Advisory Commission established pursuant to chapter 2.88 shall hold a public hearing on the proposed fee or charge. At the public hearing the commission shall consider all protests against the proposed fee or charge. If written protests against the proposed fee or charge are presented by a majority of record owners of each of the parcels that will be subject to the fee or charge, the fee or charge shall not be imposed. In the case of an increase in an existing fee or charge, a successful majority protest shall have no effect upon the existing fee or charge. Any protest that is irregular for any reason, including, but not limited to, those that are made by persons or entities not the record owner of a parcel that will be subject to the fee or charge, may be rejected by the commission. (Ord. 2024-0037 § 3; Ord. 2008-001 § 4; Prior code § 62.08.803)

The provisions of this section shall apply only to those fees or charges for which Article XIIID, Section 6 of the California Constitution requires a mailed ballot procedure after the public hearing.

In the event that no majority protest occurred at the public hearing, not less than forty-five (45) days after the public hearing a ballot procedure shall be conducted using the process specified in this section.

A. A ballot substantially in the form set forth below shall be mailed to each of the record owners of property to whom notice of the public hearing was sent in accordance with Section 3.44.100 of this chapter.

Parcel No.__________ [city fills in from assessor roll]

Record owner:_______ [city fills in from assessor roll]

Address:___________ [city fills in from assessor roll]

_____Yes, I approve of the proposed property related fee or charge [or increase] of $ ___________ [preprinted] on the parcel identified in this ballot.

_____No, I do not approve of the proposed property related fee or charge [or increase] on this parcel.

______________________________________________________________________________ __________

Record owner or authorized representative of owner entity

This ballot is to be returned to: City Clerk, City of Sacramento, 915 I Street, Sacramento, CA 95814, sealed in the envelope included, within thirty (30) days, that is on or before the following date:__________ (to be filled in).

B. Each mailing shall include a summary of the ballot procedure specified in this section, with instructions for the completion, sealing and return of the ballot, the date by which the ballot must be returned, and a return envelope preprinted with the return address of the city clerk. The return envelope shall also contain blanks for the owner or authorized representative to fill in the owner's address, a sworn declaration stating that the person executing the ballot and envelope is the record owner of the parcel or the authorized representative of the owner, and a signature. The envelope shall have a brief statement printed in the upper right corner indicating the required return postage amount.

C. Returned ballots which are not sealed, or which do not contain the information properly filled in on the envelope, or which are not properly signed, shall be rejected and not counted.

D. Ballots may be returned by mail or in person at the office of the city clerk. All ballots must be returned on or before five p.m. on the date specified on the ballot and in the information provided with the ballot. Any ballot received thereafter shall be rejected and not counted.

E. The city clerk shall receive and retain unopened all returned ballots, whether such ballots be returned by mail or in person.

F. Upon verification of the signature and other information, those ballots which have been properly and timely returned and not rejected shall be opened and tabulated by the city clerk. Tabulation shall be in accordance with the following procedures:

1. The ballots in favor of the property related fee or charge shall be counted and totaled;

2. The ballots in opposition to the property related fee or charge shall be counted and totaled;

3. The property related fee or charge, or increase thereof, may be imposed only if the number of ballots in favor of the property related fee or charge or increase thereof exceeds the number of ballots in opposition to the property related fee or charge or increase thereof. In the event of a tie, the property related fee or charge or increase thereof may not be imposed. In the case of an increase in an existing property related fee or charge, the failure of those submitting ballots to approve the increase shall have no effect upon the existing fee or charge;

4. All ballots, including those which were rejected for noncompliance with the requirements of this chapter, shall be retained by the city clerk for a period of three years;

5. Nothing in this chapter shall preclude the city council from employing a private consultant, or the county registrar of voters, to administer all or part of the ballot process.

G. At the next regular city council meeting following the tabulation of the ballots, the city clerk shall inform the city council of the results of the ballot procedure and shall request that the city council declare by resolution that the ballot procedure has been completed and the results of the tabulation of ballots. (Ord. 2010-021 § 2; prior code § 62.08.804)

In the event that the fee or charge has been approved pursuant to the ballot procedure, the city council may take all necessary actions to impose the fee or charge at the same meeting as is specified in Section 3.44.110(G) of this chapter or at another regular city council meeting. (Prior code § 62.08.805)

When the notice required by Section 3.44.090 of this chapter is sent, it shall be accompanied by a cover letter clearly explaining the notice, the intended use of the funds to be generated by the fee or charge, and the ballot procedures. In the event that the cover letter required by this section is not sent; or is sent but is incorrect or ambiguous in any manner; or is defective in any manner, no such failure, error, ambiguity or defect shall have any effect whatsoever on the jurisdiction of the city council to take any action, or on the validity of the proceedings including, but not limited to, establishment or levy of the fee or charge, or the validity of any of the documents required by this chapter. In case the cover letter is ambiguous or conflicts with the notice or any other document required by this chapter, the official document shall prevail and be the governing document. (Prior code § 62.08.806)