Part 4 — PUBLIC NOTICE, HEARING AND COUNCIL APPROVAL

Any notice required to be given under this chapter shall be accomplished in compliance with the Ralph M. Brown Act (Gov. Code Sections 54950 et seq.) and Article XIIID of the Constitution of the State of California, both as may be amended from time to time.

(Ords. 24808, 25352, 25353.)

A.

The notice shall be executed by the city clerk and include:

A statement that the city council intends to create a maintenance district, or to change an existing maintenance district, as applicable.

A general description of the location and boundaries of the maintenance district.

A general description of the improvements to be maintained.

A statement that the city council intends to levy an annual special assessment on each parcel of land within the maintenance district to pay the cost of maintenance and operation of the improvements, that such assessment, plus an amount that may not exceed the annual adjustment shown in the engineer's report, will be levied annually for the life of the improvement.

The amount of the annual aggregate assessment and the annual adjustment formula for the proposed maintenance district.

The amount of the base assessment for the parcel.

A statement that the maintenance and operation may be performed by city forces and/or by one or more contractors retained by the city.

A statement that the engineer's report is on file with the city clerk and is open to public inspection.

The name and telephone number of a city office, employee, or other authorized representative where questions about the maintenance district will be received.

A summary of procedures applicable to the completion, return and tabulation of ballots required pursuant to this section.

A ballot to be filled out by the property owner and returned to the city containing the following information:

a.

The county assessor's parcel number of the parcel to be assessed.

b.

The name of the owner of the parcel to be assessed.

c.

The amount of the proposed base assessment and the proposed annual adjustment for the parcel to be assessed.

d.

A place in which the owner may indicate support or opposition to the proposed assessment.

e.

City's address for receipt of the completed ballot.

A statement that any owner or other interested person may be heard by the city council at the public hearings.

A statement of the times and places of the public meeting and hearing.

B.

The notice shall be clearly legible and in at least ten-point type.

(Ords. 24808, 25352, 25353.)

A.

The city council shall conduct at least one public meeting and one public hearing on the engineer's report in compliance with the Ralph M. Brown Act (Gov. Code Sections 54950 et seq.), as may be amended from time to time.

B.

At the public meeting and public hearing, the city council shall hear and consider all testimony by any interested person. Any irregularity of documentation or procedure not specified in the protests may be deemed waived.

C.

During the public hearing, the city council may change any of the items open to public hearing. However, any changes which would increase any base assessment or the annual adjustment, or substantially change the formula apportioning the assessment, or substantially change the proposed level of maintenance, shall be made only upon additional notice and hearing as provided in this part.

(Ords. 24808, 25352, 25353.)

A.

At the conclusion of all testimony and discussion on the issue of the proposed maintenance district, the city clerk shall tabulate the ballots pursuant to Section 14.15.450.

B.

No ballots will be accepted by the city clerk after the tally of the ballots has begun.

C.

At any time before the tally of the ballots has begun, a ballot may be changed at the request of the owner.

(Ords. 24808, 25352, 25353.)

A.

Ballots shall be tabulated at the public hearing, and the results of the tabulation shall be announced to the city council.

B.

If, upon conclusion of the public hearing, ballots submitted in opposition of the assessment exceed the ballots submitted in favor of the assessment, the city council shall not impose the assessment.

C.

In tabulating the ballots, the ballots shall be weighted according to the amount of the proposed assessment on the affected property.

(Ords. 24808, 25352, 25353.)

If, upon tabulation of the ballots as provided in Section 14.15.450, the assessment has been approved by the owners, the city council may, by resolution, approve the engineer's report, the base assessment, and the annual adjustment and impose the maximum annual assessments for the ensuing fiscal year, as proposed or as modified by the city council, but in no event for a greater amount than as approved by the owners.

(Ords. 24808, 25352, 25353.)

A.

Any notice requirement or any requirement pertaining to the conduct of the balloting procedure specified by this chapter may be waived with the unanimous written consent of the owners within the proposed maintenance district.

B.

Such written waiver of notice and/or balloting procedures must be received by the city clerk prior to the preliminary acceptance by the city council of the engineer's report pursuant to Part 2 of this chapter, and shall be presented to the city council along with the engineer's report.

(Ords. 24808, 25352, 25353.)