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ATTY/RESO.0072/CC RESO INITIATING PROP 218 PROCESS TO ADOPT WATER RATES <br />REV: 07 -09-25 MI <br />Page 2 of 4 <br />1. Establish a deadline for any ratepayer or property owner to submit an <br />objection to the proposed water rates that is at least 45 days after the Proposition 218 <br />notice has been mailed; and <br /> <br />2. Make the proposed water rates and the Rate Study available to the public <br />no less than 45 days before the deadline for a ratepayer or property owner to submit an <br />objection; and <br /> <br />3. Post on the City’s internet website the Rate Study, which is a written basis <br />for the proposed water rates, and include a link to the Rate Study in the Proposition 218 <br />notice; and <br /> <br />4. Mail the Rate Study to a ratepayer or property owner on request; and <br /> <br />5. Prominently display the following information in the Proposition 218 notice: <br /> <br />a. A statement that all written objections must be submitted to the City Clerk <br />by the deadline and that failure to timely object in writing bars any right to challenge <br />the proposed water rates in court and that any such action may be limited to issues <br />identified in such objections; and <br /> <br />b. All substantive and procedural requirements for submitting an objection to <br />the proposed water rates; and <br /> <br />6. Before or during the hearing, the City Council shall consider, and the City <br />shall respond in writing to, any timely written objections. The City’s responses shall <br />explain the substantive basis for retaining or altering the proposed water rates in response <br />to the written objections, including any reasons to reject requested amendments. In <br />exercising its legislative discretion, the Council shall determine whether: <br /> <br />a. The written objections and the City’s responses warrant clarifications to the <br />proposed water rates. <br /> <br />b. To reduce the proposed water rates. <br /> <br />c. To further review the proposed water rates before determining whether <br />clarification or reduction is needed; or <br /> <br />d. To proceed with the hearing and absent a majority protest, adopt the rates; <br />and <br /> <br />WHEREAS, if the City Council adopts the proposed water rates in compliance with <br />the requirements of Government Code section 53759.1, no person may bring a judicial <br />action or proceeding alleging that the water rates do not comply with the California <br />Constitution or other applicable law, unless that person submitted to the City Clerk a <br />timely, written objection to the water rates specifying the grounds for alleging